[42 Pa.B. 7541]
[Saturday, December 15, 2012]
[Continued from previous Web Page]
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 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 Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636
E14-548. Paul S. Roberts, PO Box 37, Julian, PA 16844-0037. Steele Hollow Bridge, in Huston Township, Centre County, ACOE Baltimore District (Port Matilda, PA Quadrangle N: 40°51`23.26"; W: -78°01`21.48").
To 1) remove an existing 4 feet high by 20-feet wide by 30 linear feet of concrete ford, 2) construct and maintain a 16-foot clear span by 12-foot wide by 2-foot underclearance glulam wooded bridge on concrete abutments with associated 1-foot high stone approach ramps to cross Steele Hollow Run to access a private homestead located 1.9 miles up Steele Hollow Road from SR 220 in Huston Township, Centre County (Port Matilda, PA Quadrangle N: 40°51`23.26"; W: -78°01`21.48"). This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E18-477. Glenn Brenneman, 375 Hess Farm Road, York, PA 17403, Brenneman Crossing, in Gallagher Township, Clinton County, ACOE Baltimore (Jersey Mills, PA Quadrangle N: 41-18-51.7; W: -77-29-32.4).
To construct and maintain a 30-foot long 112-inch by 75-inch squash pipe depressed 1-foot into the streambed of Campbell Run that cuts through an eroded breast of an old dam and covered with clean fill to create a stable road crossing for a timbering operation located at (Jersey Mills, PA Quadrangle N: 41°18`51.7; W: -77°29`32.4") in Gallagher Township, Clinton County. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E18-479. Brian W. Stetts & Jessica B. Stetts, 796 Shadle Road, Jersey Shore, PA 17740. 29 Main Street Shed, Mill Hall Borough, Clinton County, ACOE Baltimore District (Mill Hall, PA Quadrangle N: 41°06`19.7"; W: -77°29`10.7").
To construct and maintain a 6-foot by 8-foot wooden storage shed to replace a pre-existing shed, a skim coat of gravel over a 33-foot by 60-foot gravel parking area, and a 90-foot by 3-foot gravel sidewalk in a grass lawn located 100 feet north on Centre Alley from its intersection with Bressler Alley. This permit was issued under Section 105.13(e) ''Small Projects.''
E41-629. West Branch Regional Authority, 35 South Main Street, Montgomery, PA 17752-1120. Wastewater treatment plant and collection system project in Clinton and Muncy Creek Townships and Muncy and Montgomery Boroughs, Lycoming County, ACOE Baltimore District (Muncy, PA Quadrangle Latitude: 41° 10` 59.23"; Longitude: 76° 50` 16.47").
The Department is giving the applicant consent to construct, operate and maintain 27,670-feet of force main pipeline and one outfall pipe associated with the proposed wastewater treatment plant requiring encroachment of the following of three (3) wetlands and eight (8) stream crossings:
Permit ID Activity Resource Water Quality Latitude Longitude Crossing #1 Pipeline
CrossingWetland to Black Hole Creek TSF 41° 10` 01" 76° 52` 37" Crossing #2 Pipeline
CrossingBlack Hole Creek TSF 41° 10` 05" 76° 52` 32" Crossing #3 Pipeline
CrossingWetland to Unnamed Tributary to West Branch Susquehanna River WWF 41° 10` 36" 76° 51` 33" Crossing #4 Pipeline
CrossingUnnamed Tributary to West Branch Susquehanna River WWF 41° 10` 36" 76° 51` 31" Crossing #5 Pipeline
CrossingUnnamed Tributary to West Branch Susquehanna River WWF 41° 11` 03" 76° 50` 13" Crossing #6 Pipeline
CrossingTurkey Run WWF 41° 11` 41" 76° 49` 29" Crossing #7 Pipeline
CrossingUnnamed Tributary to West Branch Susquehanna River WWF 41° 12` 07" 76° 48` 48" Crossing #8 Pipeline
CrossingWetland to Unnamed Tributary to West Branch Susquehanna River WWF 41° 12` 08" 76° 48` 46" Crossing #9 Pipeline
CrossingUnnamed Tributary to West Branch Susquehanna River WWF 41° 12` 08" 76° 48` 45" Crossing #10 Pipeline
CrossingWest Branch Susquehanna River WWF 41° 12` 18" 76° 48` 09" Crossing #11 Outfall West Branch Susquehanna River WWF 41° 12` 18" 76° 48` 09"
Construction of the force mains and outfall shall be accomplished via open cut crossing methods. The project will result in 950.5 linear feet of temporary stream impacts, 0.13 acre of temporary wetland impacts and 0.05 acre of permanent wetland impacts. Mitigation at a 3:1 ratio is proposed for the permanent wetland impacts. The project is located along the southern right-of-way of SR 405 between the Boroughs of Muncy and Montgomery.
E49-321. PA Department of Conservation and Natural Resources, PO Box 8451, Harrisburg, PA 17105-8451. Shikellamy State Park Marina Building, in Upper Augusta Township, Northumberland County, ACOE Baltimore District (Northumberland, PA Quadrangle Latitude: 40°52`53.76"; Longitude: 76°47`40").
To construct, operate and maintain a renovation project; whereby, a 1300 square foot addition will be constructed to an existing building to facilitate The Susquehanna River Heartland Coalition for Environmental Studies office locations. Minor grading changes in the floodway/floodplain are required to facilitate new at grade walkways and will result in no direct change in flood profiles. This project is located at the downstream tip of Packers Island at the confluence of the West Branch and North Branch of the Susquehanna River. This permit was issued under Section 105.13(e) ''Small Projects.''
E49-325. Joseph P. and Cynthia M. Kopyscianski, 1000 North Front Street, Milton, PA 17847. Kopyscianski Shed, in Milton Borough, Northumberland County, ACOE Baltimore District (Milton, PA Quadrangle Latitude: 41°1`54.6"; Longitude: 76°51`20.9").
To operate and maintain a 10 foot wide by 14 foot long by 8 foot high wooden shed structure in the floodway of the Susquehanna River. This structure will take up 140 square feet of the floodway and will meet all the municipal requirements for structures in the floodway. This project is located at 1000 North Front Street in Milton, PA. This permit was issued under Section 105.13(e) ''Small Projects.''
E59-515. Erica A. Butler, 4161 Baldwin Run Road, Wellsboro, PA 16901-7706. Butler Access Road Project, Delmar Township, Tioga County, ACOE Baltimore District (Keeneyville, PA Quadrangle Latitude: 41° 47` 52.4"; Longitude: 77° 18` 35.5").
This permit gives consent to construct, operate and maintain a single span bridge to carry a private access road across Baldwin Run. The private bridge shall be constructed with a minimum clear single span having 24-feet, width of 14-feet and underclearance of 4.4-feet. Construction of the in-stream bridge footings and abutments shall be performed in dry work conditions by dam and pumping, diverting or fluming stream flow around the work areas. The project is located along the northeastern right-of-way of Baldwin Run Road (T-531) approximately 2500-feet northwest of SR 0287 and T-531 intersection.
E60-212. Union County Commissioners, 155 North 15th Street, Lewisburg, PA 17837. Bridge # 14, 3rd Street Bridge, in Borough of Mifflinburg, Union County, ACOE Baltimore District (Mifflinburg, PA Quadrangle N: 40°55`33"; W: -77°02`47").
To: 1) remove an existing 55-foot clear span steel bridge with stone abutments and wingwalls, 2) remove an existing concrete culvert in the left approach fill of the bridge, 3) turn and shorten an unnamed tributary by 68 linear feet as a result of removing the culvert, 4) construct and maintain a 70-foot clear span concrete box beam bridge with a minimum underclearance of 5-foot 8-inches, concrete wingwalls and improve the roadway sight distance by adding 2,775 cubic yards of clean fill to the 100-year floodway of Buffalo Creek.
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, 16335.
E33-247, PA Department of Transportation, District 10-0, P. O. Box 429, Indiana, PA 15701 in Washington Township, Jefferson County, ACOE Pittsburgh District
To remove the existing concrete t-beam bridge and construct and maintain a 55.2 foot single normal clear span steel beam bridge on a 70° skew with a vertical underclearance of 7.0 ft and an out to out width of 39.4 feet along SR 0830 Segment 0210 offset 0012 across Beaverdam Run (HQ-CWF) permanently filling 0.099 acre of palustrine emergent (PEM) wetland and 0.022 acre of palustrine scrub shrub (PSS) wetland, approximately 1/5 mile west of Rockdale. The project includes deduction of 0.121 acre from PA Department of Transportation`s Dubois—Jefferson Advanced Wetland Mitigation Bank. (Falls Creek, PA Quadrangle N: 41°, 10`, 37.0"; W: -78°, 50`, 42.0").
E42-359, Hancock Forest Management, 202 East Main St., P. O. Box 3304, Smethport, PA 16749 in Norwich Township, McKean County, ACOE Pittsburgh District
To repair, operate and maintain an existing five-foot wide ford crossing of Colegrove Brook with an upstream to downstream length of roughly ten-feet. (Norwich, PA Quadrangle N: 41°, 42`, 29"; W: 78°, 21`, 06").
E43-356, City of Hermitage, 800 North Hermitage Road, Hermitage, PA 16148 in the City of Hermitage, Mercer County. ACOE Pittsburgh District
To construct and maintain approximately 1500 feet of stream restoration within West Branch Pine Hollow Run (Indian Run) (WWF) for the purposes of streambank stabilization, establishment of floodplains, prevention of bank scour, debris removal, and establishment of a thalweg. The stream restoration consists of the installation of cross vanes, sawtooth deflector, boulder wall, rock and wood bank protection, and converging rock cluster beginning at the Sunset Boulevard crossing and ending approximately 200 feet upstream of the Easton Road crossing (Sharon East, PA Quadrangle N: 41°, 13`, 49.7"; W: -80°, 26`, 26")
District Oil & Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA 17701
E4129-045: PVR Marcellus Gas Gathering, LLC, 100 Penn Tower, Suite 201 & 202, 25 West Third Street, Williamsport, PA 17701, Anthony & Mifflin Townships, Lycoming County, ACOE Baltimore District.
To construct, operate, and maintain:
1. one 8 inch natural gas pipeline impacting 2 linear feet of an unnamed tributary to Larrys Creek (EV, MF) and 17 square feet of adjacent palustrine forested (PFO) wetland (Salladasburg Quadrangle 41°18`50"N 77°11` 45"W);
2. one 8 inch natural gas pipeline impacting 60 linear feet of Larrys Creek (EV, MF) (Salladasburg Quadrangle 41°18`51"N 77°11`42"W);
3. one 8 inch natural gas pipeline impacting 5 linear feet of an unnamed tributary to Larrys Creek (EV, MF) (Salladasburg Quadrangle 41°18`49"N 77°11`39"W);
4. one 8 inch natural gas pipeline and a temporary mat bridge impacting 10822 square feet of palustrine emergent (PEM) wetland (Salladasburg Quadrangle 41°19` 02"N 77°10`35"W).
The project will result in 67 linear feet of stream impacts and 0.25 acre of wetland impacts, all for the purpose of installing a natural gas gathering line with associated access roadways for Marcellus well development.
E5829-007. Chesapeake Appalachia, LLC; 101 North Main Street, Athens, PA 18810; Rush Township, Susquehanna County, ACOE Baltimore District.
To construct, operate, and maintain:
1) a 34 inch x 53 inch x 50 feet long elliptical RCP culvert on an Unnamed Tributary to Wyalusing Creek (WWF) impacting 50 lineal feet (370 square feet) (Lawton, PA Quadrangle; N 41° 47` 48" Lat., W -76° 4` 17" Long.).
2) a 30 inch x 43.5 feet long culvert on an Unnamed Tributary to Wyalusing Creek (WWF) impacting 44 lineal feet (75 square feet) (Lawton, PA Quadrangle; located at N 41° 47` 52" Lat., W -76° 4` 14" Long.).
The project will result in the impact of 109 lineal feet (445 square feet) of an Unnamed Tributary to Wyalusing Creek all for the purpose of constructing an 1,389 linear foot access road for the Hare Ridge well site. No wetlands are associated with this project.
E1729-006: EQT Gathering, LLC, 455 Racetrack Road, Suite 101, Washington, PA, 15301, Pine & Huston Townships, Clearfield County, ACOE Baltimore District.
To construct, operate and maintain the NILO-S010 Pipeline Project, which consists of one 6.5-inch Fiberspar natural gas pipeline, with the following impacts:
1. 3,950 square feet of Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Pen-field, PA Quadrangle, Latitude: N41°08` 54.93", Longitude: W78°34`30.49");
2. 42.0 linear feet of Anderson Creek (HQ-CWF, MF), 11,000 square feet of Exceptional Value (EV) Palustrine Emergent(PEM) Wetlands, and 2,600 square feet of Exceptional Value (EV) Palustrine Scrub/Shrub (PSS) Wetlands via open cut trenching and a temporary road crossing (Penfield, PA Quadrangle, Latitude: N41°08` 50.50", Longitude: W78°34`29.64");
3. 1,300 square feet of Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Penfield, PA Quadrangle, Latitude: N41°08` 48.34", Longitude: W78°34`29.26");
4. 2,550 square feet of Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Penfield, PA Quadrangle, Latitude: N41°08` 47.07", Longitude: W78°34`29.23");
5. 1,500 square feet of Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Penfield, PA Quadrangle, Latitude: N41°08` 40.68", Longitude: W78°34`28.42");
6. 122.0 linear feet of Whitney Run (HQ-CWF, MF) and 1,550 square feet of Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Penfield, PA Quadrangle, Latitude: N41°08`15.42", Longitude: W78°34`18.39"); and
7. 350 square feet of Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Penfield, PA Quadrangle, Latitude: N41°08` 13.01", Longitude: W78°34`17.11").
The project will result in 164.0 linear feet of temporary stream impacts, 11,200 square feet (0.26 acre) of temporary PEM wetland impacts, 11,000 square feet (0.25 acre) of temporary EV PEM wetland impacts, and 2,600 square feet (0.06 acre) of temporary EV PSS wetland impacts all for the purpose of installing a natural gas pipeline and associated access roadways for Marcellus shale development.
DAM SAFETY Southwest Regional Oil and Gas Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745
[Permit # 95-7-37312-17]. CNX Gas Company LLC, 200 Evergreene Drive, Waynesburg, PA 15370.
Project proposes to construct, operate and maintain the NV North #1 Centralized Pit, a 5.2 million gallon capacity centralized wastewater impoundment, to collect, store and reuse fracturing fluids from MOR-10-ASH: Permit No. 37-059-25421-D and other permitted wells in the area (PA Quadrangle; Prosperity, (Latitude N 40° 04`28.21", Longitude -80° 18`09.83") South Franklin Township, Washington County, Pittsburgh ACOE District, State Water Plan Basin 19B Tenmile Creek.
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 pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701
ESCGP-1 # ESX12-115-0122 (01)
Applicant Name Williams Field Services Company, LLC
Contact: Person Tom Page
Address 1605 Coraopolis Heights Road
City, State, Zip Moon Township, PA 15108
County Susquehanna County
Township(s) Bridgewater Township
Receiving Stream(s) and Classification(s) UNTs to Meshoppen Creek (CWF/MF), UNTs to Pettis Creek (WWF/MF);
Secondary: Meshoppen (CWF/MF) and Pettis Creeks (WWF/MF)ESCGP-1 # ESX12-113-0037
Applicant Name Appalachia Midstream Services, LLC
Contact: Person Greg Floerke
Address 100 Ist Center
City, State, Zip Horseheads, NY 14845
County Sullivan County
Township(s) Fox Township
Receiving Stream(s) and Classification(s) Susquehanna River Watershed: Trib 30422 and 30423 to Schrader Creek, Hoagland Branch, Trib 20765 to Rock Run, Trib 20079 and 20081 to Fall Run and Fall Run (All EV/ MF)ESCGP-1 # ESX12-015-0212
Applicant Name EOG Resources, Inc.
Contact: Person Jon Jorgenson
Address 2039 South Sixth Street
City, State, Zip Indiana, PA 15701
County Bradford County
Township(s) Springfield Township
Receiving Stream(s) and Classification(s) Mill Creek;
Secondary: Sugar Creek (other)ESCGP-1 # ESX12-081-0149
Applicant Name PVR Marcellus Gas Gathering, LLC
Contact: Person Kevin Roberts
Address 25 West Third Street, 100 Penn Tower, Suites 201-202
City, State, Zip Williamsport, PA 17745
County Lycoming County
Township(s) Lewis Township
Receiving Stream(s) and Classification(s) Trout Run and Wolf Run (HQ/CWF)ESCGP-1 # ESX12-113-0040
Applicant Name Appalachia Midstream Services, LLC
Contact: Person Greg Floerke
Address 100 Ist Center
City, State, Zip Horseheads, NY 14845
County Sullivan County
Township(s) Elkland Township
Receiving Stream(s) and Classification(s) Kings Creek, 3 UNTs to Kings Creek, Blackwater Run, 2 UNTs to Blackwater Run (All EV);
Secondary: Blackwater Run (EV)ESCGP-1 # ESX12-015-0213
Applicant Name Talisman Energy USA, Inc.
Contact: Person Tracy Gregory
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford County
Township(s) Windham and Warren Townships
Receiving Stream(s) and Classification(s) Prince Hollow Run, Babcock Run, and UNTs to Babcock Run (CWF/ MF);
Secondary: Prince Hollow RunESCGP-1 # ESX12-115-0193
Applicant Name Cabot Oil & Gas Corporation
Contact: Person Kenneth Marcum
Address Five Penn Center West, Suite 401
City, State, Zip Pittsburgh, PA 15276
County Susquehanna County
Township(s) Brooklyn Township
Receiving Stream(s) and Classification(s) UNT Martins Creek/Hop Bottom Creek (other)ESCGP-1 # ESX12-117-0060
Applicant Name SWEPI LP
Contact: Person H. James Sewell
Address 190 Thorn Hill Road
City, State, Zip Warrendale, PA 15086
County Tioga County
Township(s) Chatham and Middlebury Townships
Receiving Stream(s) and Classification(s) Monks hollow, Crooked Creek (Both WWF);
Secondary: Crooked Creek (WWF)ESCGP-1 # ESX12-015-0023 (01)
Applicant Name Talisman Energy USA, Inc.
Contact: Person Tracy Gregory
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford County
Township(s) Warren and Windham Townships
Receiving Stream(s) and Classification(s) Wappaseing Creek, Pendleton Creek (Both CWF/MF)ESCGP-1 # ESX12-115-0131 (01)
Applicant Name Williams Field Services Company, LLC
Contact: Person Kristy Flavin
Address 1605 Coraopolis Heights Road
City, State, Zip Coraopolis, PA 15108-4310
County Susquehanna County
Township(s) Gibson Township
Receiving Stream(s) and Classification(s) UNTs to Bell Creek (other)ESCGP-1 # ESX12-015-0209
Applicant Name Chesapeake Appalachia, LLC
Contact: Person Eric Haskins
Address 101 North Main Street
City, State, Zip Athens, PA 18810
County Bradford County
Township(s) Monroe Township
Receiving Stream(s) and Classification(s) UNT Ladds Creek (CWF);
Secondary: South Branch Towanda Creek (CWF)ESCGP-1 # ESX12-081-0148
Applicant Name PVR Marcellus Gas Gathering, LLC
Contact: Person Kevin Roberts
Address 25 West Third Street, 100 Penn Tower Suite 201 & 202
City, State, Zip Williamsport, PA 17701
County Lycoming County
Township(s) Cummings Township
Receiving Stream(s) and Classification(s) First Fork Lar ry`s Creek, Trib 21044 and 20145 to First Fork Larry`s Creek, Jacobs Hollow (All EV/MF)ESCGP-1 # ESX12-015-0046 (01)
Applicant Name Talisman Energy USA, Inc.
Contact: Person Tracy Gregory
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford County
Township(s) Warren Township
Receiving Stream(s) and Classification(s) Corbin Creek, Dewing Creek (CWF/MF)ESCGP-1 # ESX09-081-0017 (01)
Applicant Name Range Resources—Appalachia, LLC
Contact: Person Mary Patton
Address 100 Throckmorton Street, Suite 1200
City, State, Zip Ft. Worth, TX 76102
County Lycoming County
Township(s) Cummings Township
Receiving Stream(s) and Classification(s) Dog Run, Dam Run (Both EV);
Secondary: Lycoming Creek (EV)ESCGP-1 # ESX12-131-0032
Applicant Name Chesapeake Appalachia, LLC
Contact: Person Eric Haskins
Address 101 North Main Street
City, State, Zip Athens, PA 18810
County Wyoming County
Township(s) Meshoppen Township
Receiving Stream(s) and Classification(s) Little Meshop pen Creek (CWF);
Secondary: Susquehanna River (WWF)ESCGP-1 # ESX12-081-0093 (01)
Applicant Name Anadarko E&P Company, LP
Contact: Person Rane Wilson
Address 33 W. Third Street, Suite 200
City, State, Zip Williamsport, PA 18810
County Lycoming County
Township(s) Lewis & Gamble Townships
Receiving Stream(s) and Classification(s) Trib to Lycom ing Creek (HQ/CWF);
Secondary: Lycoming Creek (EV/MF)ESCGP-1 # ESX12-113-0043
Applicant Name Appalachia Midstream Services, LLC
Contact: Person Greg Floerke
Address 100 Ist Center
City, State, Zip Horseheads, NY 14845
County Sullivan County
Township(s) Cherry Township
Receiving Stream(s) and Classification(s) Little Loyalsock Creek, 2 UNTs to Little Loyalsock Creek, 5 UNTs to Payne Run, Payne Run (All EV);
Secondary: Loyalsock Creek (EV)ESCGP-1 # ESX12-015-0076 (01)
Applicant Name Appalachia Midstream Services, LLC
Contact: Person Greg Floerke
Address 100 Ist Center
City, State, Zip Horseheads, NY 14845
County Bradford County
Township(s) Wilmot Township
Receiving Stream(s) and Classification(s) 2 UNTs to Pan ther Lick Creek (CWF);
Secondary: Panther Lick Creek (CWF)ESCGP-1 # ESX12-081-0082 (01)
Applicant Name PVR Marcellus Gas Gathering, LLC
Contact: Person Kevin Roberts
Address 101 West Third Street
City, State, Zip Williamsport, PA 17701
County Lycoming County
Township(s) Lewis & Cogan House Townships Receiving Stream(s) and Classification(s) Hoagland, Daugherty and Wolf Run & Associated Tributaries (HQ);
Secondary: Lycoming CreekESCGP-1 # ESX12-115-0200
Applicant Name Cabot Oil & Gas Corp.
Contact: Person Kenneth Marcum
Address Five Penn Center West, Suite 401
City, State, Zip Pittsburgh, PA 15276
County Susquehanna County
Township(s) Dimock Township
Receiving Stream(s) and Classification(s) Stevens Creek, UNT to Stevens Creek, UNTs to White Creek (All CWF)ESCGP-1 # ESX12-115-0154
Applicant Name WPX Energy Appalachia, LLC
Contact: Person David Freudenrich
Address 6000 Town Center Blvd., Suite 300
City, State, Zip Canonsburg, PA 15317
County Susquehanna County
Township(s) Choconut Township
Receiving Stream(s) and Classification(s) UNTs to Choconut Creek, Choconut Creek (WWF/MF);
Secondary: Susquehanna RiverNorthwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335
ESCGP-1 #ESX12-083-0075-Farmers Valley
Applicant Lake Erie Energy Partners LLC
Contact: Charles Lang
Address 2005 West 8th Street Suite 201
City Erie State PA Zip Code 16505
County Mckean Township(s) Keating(s)
Receiving Stream(s) and Classification(s) UNT to Potato Creek (CWF) Potato Cr (WWF)ESCGP-1 #ESX12-019-0165-Heasley Nursery Flowline
Applicant Mountain Gathering LLC
Contact: Dewey Chalos
Address 810 Houston Street
City Fort Worth State TX Zip Code 76102
County Butler Township(s) Summit(s)
Receiving Stream(s) and Classification(s) 2 UNT`s to Coal RunESCGP-1 #ESX12-019-0167-Waltman
Applicant XTO Energy Inc
Contact: Melissa Breitenbach
Address 502 Keystone Drive
City Warrandale State PA Zip Code 15086
County Butler Township(s) Donegal(s)
Receiving Stream(s) and Classification(s) Buffalo Creek, HQ-CWFSouthwest Region: Oil & Gas Program Mgr. 400 Waterfront Dr. Pittsburgh PA
7/20/12
ESCGP-1 No: ESX12-059-0037
Applicant Name: EQT GATHERING LLC
Contact: Person MS HANNA E MCCOY
Address: 625 LIBERTY AVENUE
City: PITTSBURGH State: PA Zip Code: 15222
County: GREENE Township: MORGAN
Receiving Stream (s) And Classifications: UNT TO SOUTH FORK TENMILE CREEK (S-1) / TENMILE CREEK WATERSHED. UNT TO SOUTH FORK TENMILE CREEK/TENMILE CREEK WATERSHED. CASTILE RUN/TENMILE CREEK WATERSHED; OTHER10/1/12
ESCGP-1 No.: ESX12-125-0110
Applicant Name: MARKWEST LIBERTY MIDSTREAM & RESOURCES LLC
Contact: Person: MR RICK LOWRY
Address: 601 TECHNOLOGY DRIVE SUITE 300
City: CANONSBURG State: PA Zip Code: 15317
County: WASHINGTON Township(s): INDEPENDENCE
Receiving Stream(s) and Classifications: NARIGAN RUN/ WHEELING-BUFFALO CREEK; HQ9/5/12
ESCGP-1 No.: ESX12-005-0015
Applicant Name: EQT PRODUCTION COMPANY
Contact: Person: MR TODD KLANER
Address: 455 RACETRACK ROAD SUITE 101
City: WASHINGTON State: PA Zip Code: 15301
County: ARMSTRONG Township(s): PLUMCREEK
Receiving Stream(s) and Classifications: UNT TO CROOKED CREEK (WWF) AND UNT TO CHERRY RUN (CWF); OTHER8/9/12
ESCGP-1 No.: ESX12-125-0096
Applicant Name: RANGE RESOURCES APPALACHIA LLC
Contact: Person: MS LAURA RUSMISEL
Address: 3000 TOWN CENTER BOULEVARD
City: CANONSBURG State: PA Zip Code: 15317
County: WASHINGTON Township(s): HOPEWELL- BLAINE-DONEGAL
Receiving Stream(s) and Classifications: UNT AND BUF FALO CREEK (HQ-WWF) WATERSHED BUFFALO CREEK (HQ-WWF); HQ9/17/12
ESCGP-1 No.: ESX12-125-0102
Applicant Name: RANGE RESOURCES APPALACHIA LLC
Contact: Person: MR MIKE HAZLETT
Address: 3000 TOWN CENTER BOULEVARD
City: CANONSBURG State: PA Zip Code: 15317
COUNTY WASHINGTON Township(s): NORTH FRANKLIN
Receiving Stream(s) and Classifications: UNT TO CHARTIERS CREEK (HQ-WWF) AND LITTLE TENMILE CREEK (TSF)/CHARTIERS CREEK WA TERSHED AND TENMILE CREEK WATERSHED; HQ; OTHER9/26/12
ESCGP-1 No.: ESX12-125-0109
Applicant Name: M3 APPALACHIA GATHERING LLC
Contact: Person: MR JAMES C ROBERTS
Address: 1099 MAIN AVENUE SUITE 210
City: DURANGO State: CO Zip Code: 81301
County: WASHINGTON Township(s): CARROLL AND FALLOWFIELD Receiving Stream(s) and Classifications: UNT TO PI GEON CREEK, PIGEON CREEK, UNT TO TAYLOR`S RUN AND TAYLOR`S RUN. SEE ATTACHMENT E FOR STREAM TABLE; OTHER—WWF8/6/12
ESCGP-1 No.: ESX11-125-0085 MAJOR REVISION
Applicant Name: CNX GAS COMPANY LLC
Contact: Person: MR DANIEL BITZ
Address: 200 EVERGREENE DRIVE
City: WAYNESBURG State: PA Zip Code 15370
County: WASHINGTON Township(s): MORRIS-SOUTH FRANKLIN
Receiving Stream(s) and Classifications: 2 UNT`s OF TENMILE CREEK (TSF); OTHER10/9/12
ESCGP-1 No.: ESX12-125-0118
Applicant Name: MARKWEST LIBERTY MIDSTREAM & RESOURCES LLC
Contact: Person: MR RICK LOWRY
Address: 601 TECHNOLOGY DRIVE SUITE 300
City: CANONSBURG State: PA Zip Code: 15317
County: WASHINGTON Township(s): INDEPENDENCE
Receiving Stream(s) and Classifications: INDIAN CAMP RUN, BRASHEARS RUN, UNT TO SUGARCAMP RUN; HQ10/16/12
ESCGP-1 No.: ESX12-129-0022
Applicant Name: CNX GAS COMPANY LLC
Contact: Person: MR JONATHAN MADILL
Address: 280 INDIAN SPRINGS ROAD SUITE 333
City: INDIANA State: PA Zip Code: 15701
County: WESTMORELAND Township(s): BELL
Receiving Stream(s) and Classifications: UNT TO BEA VER RUN; OTHER11/1/12
ESCGP-1 NO.: ESX12-125-0127
Applicant Name: RANGE RESOURCES APPALACHIA LLC
CONTACT PERSON: MS LAURA M RUSMISEL
ADDRESS: 3000 TOWN CENTER BOULEVARD
City: CANONSBURG State: PA Zip Code: 15317
County: WASHINGTON Township(s): AMWELL
Receiving Stream(s) and Classifications: UNTs TO HOME RUN (TSF) / TENMILE CREEK WATERSHED; OTHER10/15/12
ESCGP-1 NO.: ESX12-005-0018
Applicant Name: PENNENERGY RESOURCES LLC
CONTACT: MR GREG MUSE
ADDRESS: 1000 COMMERCE DRIVE PARK PLACE ONE SUITE 100
City: PITTSBURGH State: PA Zip Code: 15275
County: ARMSTRONG Township(s): WEST FRANKLIN
Receiving Stream(s) and Classifications: UNT TO BUF FALO CREEK; HQ
SPECIAL NOTICES
Notice of Certification to Perform Radon-Related Activities in Pennsylvania In the month of November 2012 Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act, act of July 9, 1987, P. L. 238, No. 43 (63 P. S. Sections 2001—2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed below to perform radon-related activities in Pennsylvania. The period of certification is two years. (For a complete list of persons currently certified to perform radon-related activities in Pennsylvania and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, (1-800-23RADON).
Name Address Type of
CertificationJeffrey Arms 170 Sylvan Drive Testing Pottstown, PA 19465 Sandy Bender 929 Mt. Zion Road Lab Lebanon, PA 17046 Analysis Roger Burens, Jr. 630 Freedom Business Center Mitigation 3rd Floor
King of Prussia, PA 19406Brian Cousins 279 Hartman Road Testing Honesdale, PA 18431 Ronald Crescente 2662 Tacoma Drive Testing Blakeslee, PA 18610 Ronald Eckenroth 1006 Greenway Terrace Testing Reading, PA 19607 Bruce Eichenlaub 485 East College Avenue Testing Pleasant Gap, PA 16823 Daryl Festa 47 A Progress Avenue Testing Cranberry, PA 16066 Michael Gelsick 537 Maurus Street Testing St. Marys, PA 15857 Aaron Glick 2061 Kenbrook Road Testing Lebanon, PA 17046 Allan Lenhardt 1419 Rock Glen Road Testing & Bloomsburg, PA 17815 Mitigation Chris Matteson 50 North Linden Road Testing #31
Hershey, PA 17033Greg Panyko 345 Glaser Avenue Testing Pittsburgh, PA 15202 Douglas Redfern 277 Timberwood Trail Mitigation Centre Hall, PA 16828 Ray Remsnyder 1738 North 3rd Street Testing Suite A
Harrisburg, PA 17102Kenneth Struder PO Box 72722 Testing Thorndale, PA 19372 Steve Wesler 6168 Stump Road Testing & Radon Protection Pipersville, PA 18947 Mitigation Systems, Inc. Todd Ziegler 828 Oak Street Mitigation Royersford, PA 19468
Presque Isle Bay Area of Concern Remedial Action Plan—Stage 3 Delisting; Comment/Response Document The Department of Environmental Protection is proposing the removal of Presque Isle Bay in Erie, Pennsylvania from the list of Areas of Concern under the Great Lakes Water Quality Agreement. Information supporting this proposal is contained in the Presque Isle Bay Area of Concern Remedial Action Plan—Stage 3 Delisting (Stage 3 RAP).
Beginning in February 2012, the Department has consulted with the Presque Isle Bay Public Advisory Committee on the rationale supporting this decision. The Public Advisory Committee was convened on February 21, 2012, May 21, 2012, and June 18, 2012 to discuss delisting and provide comment on the Stage 3 RAP. On July 23, 2012, the Public Advisory Committee voted in favor of the Department`s proposal to delist.
The Department solicited public comments related to the Stage 3 RAP in Special Notices published in Volume 42, Number 31 (August 4, 2012) and Number 37 (Saturday, September 15, 2012) of the Pennsylvania Bulletin. Two public availability sessions were held August 10, 2012, and August 28, 2012, which were advertised in the Pennsylvania Bulletin and in local newspapers.
The Department received ten sets of comments during the public comment period. The comments were organized into themes and are presented below with the Department`s response.
The Stage 3 Remedial Action Plan is posted on the Public Advisory Committee`s website (www.pibpac.org). Questions regarding the responses and the delisting process can be sent to Lori Boughton at lboughton@ pa.gov.
1. General opposition to delisting.
Comment: The majority of the commenters expressed opposition to delisting Presque Isle Bay as an Area of Concern for various reasons. Specific reasons were posed by commenters 1, 2, 3, 4, 5, 8, and 10, whereas other commenters (6, 7, 9) opposed delisting for more general reasons or in support of other commenters.
Response: Specific objections to delisting are discussed below. Support for the arguments of other commenters is acknowledged.
2. Concern with not knowing the cause of the external tumors; PIB AOC should not be delisted, but studied further.
Comment: Several commenters (1, 2, 3, 4, 5, 10) stated that the Presque Isle Bay Area of Concern should not be delisted because the cause(s) of the external tumors on the bay`s brown bullhead catfish remain unknown. Other commenters (6, 7, 9) opposed delisting Presque Isle Bay for more general reasons.
Response: The cause or causes of external (skin and mouth) tumors is beyond the current state of scientific knowledge. While these lesions have been attributed to myriad environmental contaminants (most often Polycyclic Aromatic Hydrocarbons or PAHs in sediment), populations of brown bullhead catfish with elevated levels of external tumors and other deformities have also been noted throughout the northeastern United States in waterbodies with no known sources of carcinogenic pollutants by researchers with Cornell University, the New York State Department of Environmental Conservation, the United States Fish and Wildlife Service, and the Department`s own staff. The Department conducted its own experimental investigation and found no adverse effects to brown bullhead exposed to PAH-contaminated sediment. In addition, independent ecological and human health risk assessments concluded that the contaminants of potential concern known to be present in Presque Isle Bay posed little risk. While the Department agrees that the causes of tumors warrants further rigorous scientific investigation, the current state of the science does not allow for the use of these lesions as indicators of environmental degradation.
3. PIB cannot meet the IJC criteria for delisting the Tumors and Other Deformities BUI.
Comment: A commenter (4) raised the concern that conditions in Presque Isle Bay do not meet the International Joint Commission`s criteria for delisting the Fish Tumors or Other Deformities beneficial use impairment.
Response: Presque Isle Bay and other Areas of Concern (AOCs) need to meet the AOC-specific delisting targets set by the lead agency or Remedial Action Plan group. AOCs do not need to meet the general guidelines described by the International Joint Commission (IJC) in the March/April 1991 issue of FOCUS on International Joint Commission Activities (Volume 16, Issue 1, ISSN 0832-6673). The IJC listing/delisting guidelines were developed to assist in making recommendations for listing new AOCs and in reviewing Remedial Action Plans. In 2001, the United State Policy Committee (USPC) provided a set of ''Delisting Principles and Guidelines'' to update the IJC`s general criteria for American AOCs. The USPC`s guidelines state explicitly that delisting targets are locally derived, premised on local goals and related environmental objectives for the watershed, and consistent with federal and state regulations and policies, when available. It is the responsibility of the Department of Environmental Protection in consultation with the Public Advisory Committee, to set delisting targets and criteria. For the Presque Isle Bay AOC, the Department also consulted with basin-wide experts and representatives of other Lake Erie AOCs when identifying the delisting targets set for the Bay`s two beneficial use impairments.
4. All of the data, fish tumor and sediment, were not made available to the public to consider in the delisting.
Comment: One commenter (4) expressed concern that all available data related to bullhead tumors and sediment quality in Presque Isle Bay were not made available to the public for consideration in advance.
Response: The studies, data, and literature used to support the Department`s Stage 3 RAP was made available to interested parties during the public availability sessions held on August 10, 2012, and August 28, 2012, which were advertised in the Pennsylvania Bulletin and in local newspapers. All available reports and public documents have since been made publicly available and housed on-line at the following website http://www.pibpac.org/documents/. In addition, raw data related to bullhead tumors in Presque Isle Bay and other sites in the northeastern United States have been compiled and made available to the public via the following searchable on-line database http://bullheadtumordatabase.com/welcome_screen.php.
5. Request for tumor data by year class as well as various alternative statistical analyses.
Comment: One commenter (4) requested various alternative analyses of bullhead tumor data (e.g., using contingency table analyses, examining various cohorts of fish, etc.)
Response: The Department conducted its analyses in close consultation with leading experts and members of its own Public Advisory Committee and believes that its analyses are appropriate. However, raw data are available for additional analyses by interested parties at the following website: http://bullheadtumordatabase.com/welcome_screen.php
6. Concern with delisting based on 5 year old data.
Comment: Several commenters (2, 3, 4) expressed concerns that the Department made its decision to delist Presque Isle Bay based on ''five-year old data.''
Response: This comment relates to the fact that histopathology (i.e., microscopic tissue analysis) was last conducted on the bay`s brown bullhead in 2007. The Department wishes to clarify that sampling and gross visible observations of external tumors in the bay`s brown bullhead population occurred annually from 2002 through 2010 as documented in the Stage 3 RAP. Histopathological analyses of Presque Isle Bay bullhead did end in 2007.
Gross observation of external tumors has been scientifically determined to slightly over-estimate the true rate of tumors and can therefore be reliably used as a conservative surrogate for the true external tumor rate. The Department made the decision to reallocate limited funding to the histopathological analysis of experimental bullhead in 2010 after confirming that the incidence rates of both internal (liver) and external tumors in the bay brown bullhead population remained stable throughout the Recovery Stage monitoring period with only random inter-annual variation in the data.
7. DEP has overlooked contaminants as the cause of the BUI, such as PCBs, arsenic, and other legacy contaminants.
Comment: A commenter (1, 4) raised the concern that the Department overlooked contaminants as the cause of the beneficial use impairment, such as PCBs, arsenic, and other legacy contaminants.
Response: The Department used a scientific approach and accepted methodologies in developing the plan for evaluating the fish tumor beneficial use impairment (BUI) and causes of the tumors. In 2003-2006, the Department held consultation workshops with more than 40 expert researchers, fishery and wildlife biologists, pathologists, and agency representatives to identify long-term monitoring and research needs to address this BUI. The Department`s plans were based on the recommendations of these experts.
The Department`s did not overlook contaminants such as arsenic and PCBs. Rather, the decision to continue focusing on polycyclic aromatic hydrocarbons (PAHs) came as a result of the workshops, the most compelling studies in the literature, and the fact that Presque Isle Bay`s sediment contains concentrations of PAHs that do exceed sediment quality guidelines in a number of sampling locations throughout the bay. While other environmental contaminants have been evaluated by researchers, including nitrosamines, heavy metals, pesticides, rotenone, chlorinated wastewater, and alkylating agents, the body of evidence available in the literature supports the link between PAHs and brown bullhead tumors.
8. The statistical analysis used by DEP to support the delisting decision is flawed.
Comment: Two commenters (4, 8) questioned the statistical methodology employed to normalize bullhead tumor rates based on seven year old bullhead. One commenter (4) suggested that a comparison among cohorts of fish other than at age 7 would be appropriate.
Response: Given the strong positive correlation between bullhead age and the probability of tumors noted throughout the scientific literature, the Department feels that it is critical to normalize tumor incidence rates based on the age of the bullhead sampled. This is particularly important when comparing different populations of fish or evaluating tumor trends over time. The Department retained an independent doctoral-level statistician to conduct these analyses which are based on a Bayesian statistical approach and logistic regression analysis of the tumor data. This method has been published in the peer-reviewed literature and the Department believes that the method is robust and appropriate. This method does not, however, actually directly compare cohorts of fish, but rather allows for the determination of a point estimate of tumor incidence rates for fish of a given age. Age seven was chosen because this was the approximate mean age of bullhead in the full dataset. Reference: Rutter, M.A. 2010. A statistical approach for establishing tumor incidence delisting criteria in areas of concern: A case study. Journal of Great Lakes Research 36, 646-655.
9. The exposure study used by DEP to support the delisting is flawed.
Comment: Several commenters expressed concerns with the methodology (4, 6, 9) and/or conclusions (9) related to the Department`s whole-sediment exposure experiment of brown bullhead catfish. Specific concerns included insufficient duration of the study, lack of natural seasonal variation of environmental conditions due to laboratory setting, use of food pellets rather than natural prey organisms (i.e., not considering oral ingestion and biomagnification pathways) (4), not considering maternal exposure and vertical transmission of contaminants to eggs (6), not considering the effects of chemicals that may be in the water column (4 and 9), and inadequate experimental control (9).
Response: The Department acknowledges that numerous alternative experimental design approaches were available. However, the exposure experiment was specifically to investigate PAH-contaminated sediment as the single Independent Variable of interest and the Department believes that the experimental design was appropriate for that purpose. Both low-PAH sediment and water control conditions were utilized in the design. The 556-day duration of the study was by far the longest of its kind and the most sensitive available biomarkers of early-stage carcinogenesis were employed as Dependent Variables. Multi-factorial designs such as those suggested were considered but rejected due to the increased cost and complexity associated with the additional experimental units, specimens, and analyses required by these designs. The Department agrees, however, that the conclusions of the study should be limited to the controlled laboratory conditions under which the experiment was conducted rather than more broadly generalized and has modified the Stage 3 RAP accordingly.
10. Concerns with the Human Health Risk Assessment.
Comment: A commenter (3) raised the concern that the Human Health Risk Assessment (HHRA) was flawed by using the incorrect maximum concentration of PCBs detected in the bay`s sediment and failed to provide any explanation of the meaning of the PCB-child cancer risk.
Response: With respect to the concentration of PCBs detected in the bay`s sediment, the HHRA listed an incorrect value for the maximum detected concentration. Based on a single sample collected from a single location in 2005, the maximum sediment PCB concentration should have been reported as 1.097 ppm rather than 0.373 ppm as actually reported in the HHRA. However, this error does not significantly change the very conservative calculations or conclusions of the risk assessment. Exposure risk is conservatively calculated by using the 95% Upper Confidence Limit (CL) of the mean value of the chemicals of potential concern—not the maximum values which are reported for informational purposes only.
The childhood cancer risk statements in the HHRA appear to have been made in error. Based on a review of the HHRA by risk assessment professionals with both the Department and the United States Environmental Protection Agency, cancer risk is appropriately calculated only for adults after considering the various carcinogen exposure patterns that occur throughout the lifetime, which differ during childhood and adulthood. In other words, it is appropriate to consider the unique carcinogen exposure pathways during childhood only as they relate to the ultimate risk of developing cancer during adulthood.
With respect to PCB exposure, the primary pathway is, as noted in the HHRA, through the ingestion of fish which have bioaccumulated these substances. Dermal absorption of PCBs in contaminated sediment is a highly improbable exposure pathway for either children or adults and will lead to an overestimation of risk, as discussed in the HHRA. Nonetheless, this conservative exposure pathway was evaluated in the assessment out of an abundance of caution. Even when both dermal contact and ingestion of PCBs is considered, the cancer risk posed by PCBs to adults was found to be low.
These concerns have been communicated to the author of the HHRA and the document will be revised accordingly.
11. Concerns with the Ecological Risk Assessment.
Comment: A commenter (1) questioned why PCBs were not considered in the ecological risk assessment, but were considered in the Human Health Risk Assessment. Response: The Screening-Level Ecological Risk Assessment (SLERA) relied solely on existing reports and data in order to estimate the level of risk to important ecological receptors in and around Presque Isle Bay. The chemicals of potential concern (COPCs) identified in the SLERA were included if the frequency of exceeding the published Probable Effects Concentration (PEC) in surficial sediment samples was greater than 10%, as identified by MacDonald (2008). In this report, PCBs exceeded the PEC toxicity threshold in only 2 of 40 surficial sediment samples collected in 2005 and 0 of 4 samples collected prior to 2005 (less than 5% frequency of exceedance). The most recent (2009) surficial sediment sampling results again confirmed that PCBs do not exceed probable effect concentrations. The Department concurs with the conclusions of the authors of the SLERA that the risk posed to PIB ecosystem from PCB exposure is low
12. Healthier fish.
Comment: One commenter (5) specifically asked if our fish are healthier now that when we started our AOC?
Response: The Presque Isle Bay brown bullhead population can be considered healthier than when the bay was listed as an AOC based on decreases in the incidence rates of both external and liver tumors. The decreasing rate of grossly visible raised external lesions over the past two decades is clearly visible in Figure 16 of the Stage 3 RAP.
13. Insufficient ongoing monitoring effort.
Comment: Two commenters (1, 4) raised concerns with the Department`s ongoing monitoring plan; in particular, concerns about the concentrations of metals and other contaminant transported into Presque Isle Bay from tributary streams and questioned the Department`s future monitoring.
Response: Response: The Department will continue its efforts to support watershed restoration projects that reduce the amount of sediment and associated contaminants entering Presque Isle Bay, including monitoring sediment and contaminant loading from the tributaries to ascertain the success of the restoration projects.
The Department remains committed to providing the resources, applying for grant funding to continue investigations and monitoring, and working with experts, other AOCs, and the Public Advisory Committee to provide oversight and diligence in ensuring the sustained restoration and protection of Presque Isle Bay and its watershed. As with any long-term monitoring plan, there is no guarantee that resources will be available or new scientific methods or theories may arise, which result in changes to the original plan.
Resource constraints and grant funding cycles resulted in monitoring occurring in different years than originally planned or being replaced with investigations such as those into the cause(s) of external tumors. The Department consulted with the Public Advisory Committee and its Fish Subcommittee in resource decisions that changed the focus and timing of monitoring efforts. For example, the 2002 RAP Update included a long term monitoring for fish tumors that called for annual gross visual observations and histopathology on a subset of 50 fish in 2002, 2003, 2004, 2007, and 2010. Gross visual observations were done annually from 2002 through 2010. Histopathology was done in 2002, 2003, 2005, 2005, and 2007. Potential reference sites were included in 2004, 2005, and 2007. Recommendations from the expert consultations and workshops resulted in shifting resources from histopathology work to evaluating potential causes of the tumors such as parasites, viruses, and contaminant concentrations on clean and tumored skin.
Comment: One Commenter (9) stated that, ''I think we should we should keep Presque Isle Bay on a watch list. Our lakes are so important for drinking water, it should always be an area of concern to everyone.''
Response: The Department agrees with this comment.
14. Other BUIs.
Comment: One Commentator (3) asserted that, in addition to the Fish Tumors or Other Deformities Beneficial Use Impairment, Presque Isle Bay cannot meet the criteria established by the International Joint Commission for Beneficial Use Impairments related to Restrictions on Fish and Wildlife Consumption and Eutrophication or Undesirable Algae.
Response: The Department disagrees with this comment. It is important to clarify that Areas of Concern are not merely locations with some measurable level of environmental degradation on a particular metric, but are geographic areas that fail to meet the objectives of the Great Lakes Water Quality Agreement between the United States and Canada to such an extent that they are considered uniquely and significantly degraded relative to background conditions throughout the Great Lakes.
Subsequent to the original listing of Presque Isle Bay as an Area of Concern in 1991, the Department and its contractors evaluated the potential occurrence of all 14 BUIs in Presque Isle Bay and summarized the results of the evaluation in the original 1993 Stage 1 Remedial Action Plan for Presque Isle Bay. Neither of these two beneficial uses was found to be impaired at that time based on the IJC criteria. The former BUI was not applicable to Presque Isle Bay because the Department`s fish tissue monitoring program confirmed that contaminant levels in Presque Isle Bay fish were no higher than contaminant levels in the same fish species found in the open waters of Lake Erie. The latter BUI was not applicable because, at the original time of assessment, Presque Isle Bay displayed none of the signs of cultural eutrophication (e.g., nuisance algal blooms, attendant depletion of dissolved oxygen and decreases in water clarity) required by the IJC criteria.
At the request of the Department`s Public Advisory Committee, in 2012 the Department re-evaluated the possible occurrence of all potential BUIs not originally identified in Presque Isle Bay. As discussed in Section 3 of the Stage 3 Remedial Action Plan, the Department`s ongoing fish tissue monitoring program has confirmed that levels of contaminants in the bay`s fish, while present, continue to be equal to or less than levels found in the open waters of Lake Erie. Similarly, annual assessments of water quality, algae, and oxygen levels in the bay have confirmed that cultural eutrophication is not occurring in Presque Isle Bay. In fact, there has been a trend of improving water clarity over the last two decades. In short, the criteria for these BUIs are not met in Presque Isle Bay.
15. Only relied on single source of evidence.
Comment: One Commenter (1) asserted that the Department`s basis for discounting external tumors on bullhead as indicators of environmental contaminant exposure relied primarily on a comment made by a single scientist (Dr. Paul Baumann) in a non peer-reviewed paper that the ''use of external lesions . . . as criteria related to carcinogen exposure is not recommended.''
Response: While the Department has great respect for Dr. Baumann`s opinion given his status as a leading investigator in this field, our decision to no longer rely on external tumors as indicators of environmental contaminant exposure is based on the full weight of evidence as discussed in response 2, above.
16. Different external tumor types means it`s a more severe problem.
Comment: One Commenter (1) stated that the fact that bullhead in Presque Isle Bay had different types of external tumors than those at the reference site (including squamous cell carcinomas) indicates that more severe environmental degradation than at our reference site (Long Point Inner Bay).
Response: The Department acknowledges that external tumors on Presque Isle Bay bullhead are both quantitatively and qualitatively different that the reference site. However, given the current state of the science, this fact provides no additional insight with respect to the causes of the tumors of the utility of these tumors as indicators of environmental contamination.
List of Commentators
1. Commentator 1: Mike Campbell
2. Commentator 2: ECDH (6/11/12)
3. Commentator 3: Sierra Club
4. Commentator 4: Robert Wellington, (8/23/12)
5. Commentator 5: S.O.N.S. of Lake Erie, (8/11/12)
6. Commentator 6: Jeanette Girosky, (9/04/12)
7. Commentator 7: David J. Dausey, PhD, (8/23/12)
8. Commentator 8: Pat Lupo, (8/27/12)
9. Commentator 9: Marian Howard, (8/25/12)
10. Commentator 10: PFBC
[Pa.B. Doc. No. 12-2432. Filed for public inspection December 14, 2012, 9:00 a.m.]
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