[44 Pa.B. 3575]
[Saturday, June 14, 2014]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P. S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1002).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100
56841606 and NPDES No. PA0110507 and GP12-56841606-R6. Brothersvalley Coal Sales, Inc., (3070 Stoystown Road, Stoystown, PA 15563). To renew the permit for the Scurfield Coal Preparation Plant in Brothersvalley Township, Somerset County and related NPDES permit. Approval is authorized under General Permit BAQ-GAP/GP12 and is required to meet all applicable limitations, terms, and conditions of authorization GP12-56841606-R6. No additional discharges. The application was considered administratively complete on July 6, 2012. Application received November 17, 2011. Permit issued May 21, 2014.
32061301 and NPDES No. PA0235679. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To revise the permit for the Starford Mine in Green Township, Indiana County to add 744 subsidence control plan acres to the Middle Kittanning coal seam. Subsidence Control Plan Acres Proposed 744.0. No additional discharges. The application was considered administratively complete on January 6, 2014. Application received November 5, 2013. Permit issued May 22, 2014.
30830701 and NPDES No. PA0214124. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy Drive, Canonsburg, PA 15317). To transfer the permit and related NPDES permit for the Dilworth Rock Disposal Area in Cumberland Township, Greene County from Consolidation Coal Company to Consol Mining Company LLC. No additional discharges. The application was considered administratively complete on January 27, 2014. Application received January 6, 2014. Permit issued May 27, 2014.
63141301 (formerly 63851702) and NPDES No. PA0215431. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy Drive, Canonsburg, PA 15317). To transfer the permit and related NPDES permit for the Westland Mine in Chartiers Township, Washington County from Consolidation Coal Company to Consol Mining Company LLC. No additional discharges. The application was considered administratively complete on January 27, 2014. Application received January 6, 2014. Permit issued May 27, 2014.
03813704 and NPDES No. PA0002283. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy Drive, Canonsburg, PA 15317). To transfer the permit and related NPDES permit for the Keystone No. 1 Coal Refuse Disposal Area in Plumcreek Township, Arm-strong County from Keystone Coal Mining Corporation to Consol Mining Company LLC. No additional discharges. The application was considered administratively complete on January 27, 2014. Application received January 6, 2014. Permit issued May 27, 2014.
30841316 and NPDES No. PA0213535. Consol Pennsylvania Coal Company LLC, (1525 Pleasant Grove Rd., PO Box J, Claysville, PA 15323). To revise the permit for the Bailey Mine & Prep Plant in Richhill Township, Greene County and related NPDES permit to construct an access road for the Crabapple Slope Facility. Surface Acres Proposed 0.2. No additional discharges. The application was considered administratively complete on January 8, 2014. Application received November 6, 2013. Permit issued May 22, 2014.
32011302 and NPDES No. PA0235521. AMFIRE Mining Company, LLC, (One Energy Place, Latrobe, PA 15650). To revise the permit for the Gillhouser Run Deep Mine in Brush Valley and Buffington Townships, Indiana County to add acreage to the underground permit boundary and subsidence control plan area. Underground Acres Proposed 711.2, Subsidence Control Plan Acres Proposed 713.7. No additional discharges. The application was considered administratively complete on August 5, 2013. Application received May 31, 2013. Permit issued May 27, 2014.
65130702 and NPDES No. PA0214116. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy Drive, Canonsburg, PA 15317). To transfer the permit and related NPDES permit for the Hutchinson AMD Plant in Sewickley Township, Westmoreland County from Consolidation Coal Company to Consol Mining Company LLC. No additional discharges. The application was considered administratively complete on January 27, 2014. Application received January 6, 2014. Permit issued May 28, 2014.
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500
63080103 and NPDES Permit No. PA0251445. Amerikohl Mining, Inc. (1384 State Route 711, Stahlstown, PA 15687). Permit renewal issued for reclamation only to an existing bituminous surface mine, located in Somerset and Fallowfield Townships, Washington County, affecting 224 acres. Receiving streams: unnamed tributaries to North Branch Pigeon Creek and Pigeon Creek. Application received: December 4, 2013. Permit issued: May 27, 2014.
03950113 and NPDES Permit No. PA0201529. Britt Energies, Inc. (2450 Philadelphia Street, Indiana, PA 15701). Revision permit issued to add auger mining to an existing bituminous surface mine, located in Burrell and South Bend Townships, Armstrong County, affecting 93 acres. Receiving streams: unnamed tributary to Crooked Creek and Crooked Creek. Application received: July 16, 2013. Permit issued: May 28, 2014.
65980105 and NPDES Permit No. PA0202363. Gary Gioia Coal Co. (319 Karen Drive, Elizabeth, PA 15037). Permit renewal issued for reclamation only to an existing bituminous surface mine, located in Rostraver Township, Westmoreland County, affecting 28.8 acres. Receiving stream: unnamed tributary to Monongahela River. Application received: February 7, 2014. Permit issued: May 29, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 54061302R and NPDES Permit No. PA0224341. Rausch Creek Land, LP, (978 Gap Street, Valley View, PA 17983), renewal of an existing anthracite underground mine operation for reclamation activities only and perpetual discharge treatment in Porter Township, Schuylkill County affecting 61.3 acres, receiving stream: Wiconisco Creek. Application received: October 9, 2012. Renewal issued: May 28, 2014.
Permit No. 49773204C11. Gilberton Coal Company, (10 Gilberton Road, Gilberton, PA 17934), addition of surface mine and a boundary correction of an existing anthracite coal refuse reprocessing, refuse disposal and coal preparation plant operation in Mt. Carmel, Conyngham and Butler Townships, Northumberland, Luzerne and Schuylkill Counties affecting 958.0 acres, receiving stream: unnamed tributary to Mahanoy Creek. Application received: June 27, 2013. Permit issued: May 29, 2014.
Permit No. 49773204GP104. Gilberton Coal Company, (10 Gilberton Road, Gilberton, PA 17934), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 49773204 in Mt. Carmel, Conyngham and Butler Townships, Northumberland, Luzerne and Schuylkill Counties, receiving stream: unnamed tributary to Mahanoy Creek. Application received: June 27, 2013. Permit issued: May 29, 2014.
Noncoal Permits Issued
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500
03020402 and NPDES Permit No. PA0250406. Allegheny Mineral Corp. (P. O. Box 1022, Kittanning, PA 16201). NPDES permit renewal issued for continued mining to an existing large noncoal surface mine, located in West Franklin Township, Armstrong County, affecting 160.8 acres. Receiving stream: unnamed tributary to Buffalo Creek. Application received: October 30, 3013. Permit issued: May 29, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17142801. Monty L. Bloom (1573 Wallaceton Road, Morrisdale, PA 16858). Commencement, operation and restoration of a small noncoal (topsoil) mine operation in Morris Township, Clearfield County affecting 2.06 acres. Receiving stream(s): Flat Run to Alder Run. Application received: April 1, 2014. Permit issued: May 29, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 58110801 and NPDES Permit No. PA0225380. Ted Kazmierczak, (1000 Union Street, Taylor, PA 18517), 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: Wellmans Creek. Application received: December 12, 2011. Permit issued: May 30, 2014.
Primacy Bond Forfeiture Project Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, Telephone (814) 472-1908
Primacy Bond Forfeiture Project: PBF 05773002.1
Location: Broad Top Township, Bedford County
Description: Black Dog Mining, Inc.
Contractor: Miller Excavating, LLC, 529 Bridge Street, Rockwood, PA 15557
Amount: $350,500.00
Date of Award: May 23, 2014
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
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500
30144102. Wampum Hardware Co. (636 Paden Road, New Galilee, PA 16141). Blasting activity permit for the construction of the EQT Halo Compressor Station, located in Center Township, Greene County with an exploration date of December 31, 2014. Blasting permit issued: May 27, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
08144103. DW Drilling & Blasting LLC (9990 Coconut Rd, Bonita Springs, FL 34135-8488). Blasting for gas pad construction located in Tuscarora Township, Bradford County with an expiration date of May 21, 2015. Permit issued May 27, 2014.
08144104. Meshoppen Blasting, Inc. (Frantz Rd, PO Box 127, Meshoppen, PA 18630). Blasting for well pad and access road located in Herrick Township, Bradford County with an expiration date of August 31, 2014. Permit issued May 27, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 09144104. Rock Work, Inc., (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Pennland Farms in Bedminster Township, Bucks County with an expiration date of May 25, 2015. Permit issued: May 28, 2014.
Permit No. 15144104. Maine Drilling & Blasting, Inc., (P. O. Box 1140, Gardiner, ME 04345), construction blasting for Senior Housing at Eagleview in Uwchlan Township, Chester County with an expiration date of May 21, 2015. Permit issued: May 28, 2014.
Permit No. 36144124. M & J Explosives, Inc., (P. O. Box 608, Carlisle, PA 17013), construction blasting for Elm Tree Development in Rapho Township, Lancaster County with an expiration date of May 22, 2015. Permit issued: May 28, 2014.
Permit No. 58144129. DW Drilling & Blasting, (9990 Coconut Road, Bonita Springs, FL 34135), construction blasting for Butler Gas Pad & Tank Farm in Lathrop Township, Susquehanna County with an expiration date of May 12, 2015. Permit issued: May 28, 2014.
Permit No. 58144131. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for Anderson Hydration Station in Auburn Township, Susquehanna County with an expiration date of June 1, 2015. Permit issued: May 28, 2014.
Permit No. 64144103. Maine Drilling & Blasting, Inc., (P. O. Box 1140, Gardiner, ME 04345), construction blasting for Pocono Reliability Project 1 in Dreher, Paupack, Salem and Sterling Townships, Wayne County with an expiration date of May 1, 2015. Permit issued: May 28, 2014.
Permit No. 67144107. Abel Construction Co., Inc., (PO Box 476, Mountville, PA 17554), construction blasting for Delta Ridge in Peach Bottom Township, York County with an expiration date of June 1, 2015. Permit issued: May 28, 2014.
Permit No. 36144125. Abel Construction Co., Inc., (PO Box 476, Mountville, PA 17554), Sweetbriar Creek Phase 2 in Penn Township, Lancaster County with an expiration date of May 22, 2015. Permit issued: May 29, 2014.
Permit No. 15144105. Brubacher Excavating, Inc., (P. O. Box 528, Bowmansville, PA 17507), construction blasting for Brunner Residence in West Vincent Township, Chester County with an expiration date of May 2, 2015. Permit issued: May 30, 2014.
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 Region: Waterways and Wetlands Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-1915, Telephone 570-826-2511.
E45-589. PPL Electric Utilities Corporation, Two North 9th Street, Allentown, PA 18101. Stroud Township, Monroe County, Army Corps of Engineers Philadelphia District.
To construct and maintain a fill area that is approximately 250-foot long by 120-foot wide by 6-foot high within the 100-year floodplain of the Brodhead Creek (HQ-CWF, MF) for the purpose of expanding the PPL North Stroudsburg Substation. The project is located approximately 0.6 mile west of the intersection of Crowe Road and Mill Creek Road (East Stroudsburg, PA Quadrangle Latitude: 41°1`29"; Longitude: -75°12`6"). Subbasin: 1E
E66-157. Pennsylvania Department of Transportation, Engineering District 4-0, 55 Keystone Industrial Park, Dunmore, PA 18512. Tunkhannock Township, Wyoming County, Army Corps of Engineers Baltimore District.
To construct and maintain a pedestrian/maintenance road crossing of a Flood Relief Channel located adjacent to and in the floodway of Tunkhannock Creek, consisting of a relocated historic steel lenticular truss bridge having a span of approximately 110 feet and an underclearance of approximately 7 feet. The project is located in Lazy Brook Park, immediately south of the intersection of S.R. 006 and S.R. 092 (Tunkhannock, PA Quadrangle Latitude: 41°33`09"; Longitude: -75°53`52") in Tunkhannock Township, Wyoming County.
E40-750. John and Virginia Bucha, 310 Follies Road, Dallas, PA 18612. Harveys Lake Borough, Luzerne County, Army Corps of Engineers Baltimore District.
To construct and maintain a pile-supported boathouse/dock totaling 2,300 square feet over Harveys Lake (HQ-CWF). The project is located along Lakeside Drive (SR 415) at Pole #52 (Harveys Lake, PA Quadrangle Latitude: 41°22`0"; Longitude: -76°2`23") in Harveys Lake Borough, Luzerne County. Subbasin: 5B.
E40-751. Scott and Stephanie Williams, 42 Payne Lane, Dallas, PA 18612. Dallas Township, Luzerne County, Army Corps of Engineers Baltimore District.
To construct and maintain a road crossing of 0.27 acre of PEM wetlands (EV). The activity is for a private driveway access to residential property. The permittee is required to provide 0.27 acre of replacement wetlands. The project is located on Upper Demunds Road approximately 1.2 miles from its intersection with State Route 309 (Kingston, PA Quadrangle Latitude: 41°21`32"; Longitude: -75°56`54"). Subbasin: 5B
E58-302. Pennsylvania Department of Transportation, Engineering District 4-0, 55 Keystone Industrial Park, Dunmore, PA 18513. Liberty Township, Susque-hanna County, Army Corps of Engineers Baltimore District.
To construct and maintain the relocation of approximately 1,100 feet of Snake Creek (CWF, MF) with work consisting of the placement of a rock revetment along the left bank, a rock veneer with R-8 rip rap along the left bank, three (3) double arm rock vanes, and three (3) single arm rock vanes. The project will also be placing coir logs, live stakes and native plantings for the stabilization of the stream banks and floodplain. The relocation of Snake Creek will result in filling 0.13 acre of wetlands and 170-feet of a UNT to Snake Creek. The permittee is required to provide 0.13 acre of replacement wetlands. The project is located at S.R. 0029, Segment 0510, Offset 1158 (Franklin, PA Quadrangle Latitude: 41°59`28"; Longitude: -76°47`59") in Liberty Township, Susquehanna County.
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E22-587: Union Deposit Corporation, 750 East Park Drive, Harrisburg, PA 17111 in Lower Paxton and Susquehanna Townships, Dauphin County, U.S. Army Corps of Engineers Baltimore District
To relocate and maintain: 1.) 1,142 linear feet of an unnamed tributary to Paxton Creek (WWF, MF); and 2.) place and maintain fill in 0.46 acre of Palustrine Emergent wetlands, all for the purpose of constructing a proposed retail store. The project is located near the intersection of Caughey Drive and Valley Road (Latitude: 40°18`17.6", Longitude: -76°50`16.5") in Lower Paxton Township and Susquehanna Township, Dauphin County. To compensate for the wetland impacts, the permittee proposes to create 0.57 acre of wetlands onsite. The permit was issued on May 30, 2014.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636
E14-543. University Area Joint Authority, 1576 Spring Valley Road, State College, PA 16801. High Purity Water Wetland, in College Township, Centre County, ACOE Baltimore District (State College, PA Quadrangle, 40° 47` 22" N, -77° 42` 7.5" W).
To construct and maintain: 1) 2.8 acres of wetland to receive and buffer high purity recycled water from an 8-inch water line, 2) Two underground stream augmentation vaults with associated limestone armored outfall aprons, in the left and right 100-year floodplain of Slab Cabin Run, located for 600 feet upstream of the East Branch Road and Cliffside Drive intersection in order to discharge a surplus of high purity recycled sewer water to Slab Cabin Run and its riparian water table. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E63-640. William Graziani, 1028 Skyline Drive, Canonsburg, PA 15317; Cecil Township, Washington County; ACOE Pittsburgh District.
The applicant has withdrawn a proposal to relocate and maintain approximately 892.0 linear feet of an unnamed tributary to Chartiers Creek (WWF), and to place and maintain fill in approximately 0.288 acre of wetlands, for the purpose of constructing additional lots within the Alto Piano Residential Development. The project area is located on the east side of Breezewood Drive, approximately 1,000.0 feet northeast from the intersection of Breezewood Drive and McEwen Avenue (Canonsburg, PA Quadrangle N: 5.6 inches; W: 7.5 inches; Latitude: 40°-16`-51"; Longitude: 80°-10-`-44") in Cecil Township, Washington County.
Northwest Region: Oil and Gas Program Manager, 230 Chestnut Street, Meadville, PA 16335 814-332-6860
E10-08-003, XTO Energy, Inc., 502 Keystone Drive, Warrendale, PA 15086, Welter to Cypher Temporary Water Pipeline in Clearfield, Donegal, Oakland and Summit Townships, Butler County, ACOE Pittsburgh District. (East Butler Quadrangle N: 40° 52` 57.35"; W: -79° 44` 59.84").
The applicant proposes to install approximately 3.2 miles of 12" diameter temporary water pipeline with associated temporary access roads, in Clearfield, Donegal, Oakland and Summit Townships, Butler County. The project will result in 92 linear feet of temporary stream impacts and .048 acre of temporary wetland impacts.
The water obstructions and encroachments for the purposes of installing the temporary water pipeline and associated access roads are described below:
Impact No. Description of Impact Latitude / Longitude 1 A temporary road crossing of, and a 12" diameter temporary water pipeline to
be placed as an aerial crossing over, a UNT to Bonnie Brook (WWF) and its associated floodway, having 8 linear feet of temporary stream impact.40°53`33.98"N
-79°47`4.90"W2 A temporary road crossing of, and a 12" diameter temporary water pipeline to
be placed as an aerial crossing over, a palustrine emergent (PEM) wetland, having .011 acre of temporary wetland impact.40°53`30.25"N
-79°47`6.62"W3 A 12" diameter temporary water pipeline to be bored under a UNT to Bonnie Brook (WWF) and its associated floodway; having 23 linear feet of temporary stream impacts. 40°52`57.77"N
-79°46`51.08"W4 A temporary road crossing of, and a 12" diameter temporary water pipeline to
be placed as an aerial crossing over, a UNT to Bonnie Brook (WWF) and its associated floodway, having 11 linear feet of temporary stream impact.40°52` 58.29"N
-79°46`32.37"W5 A temporary road crossing of, and a 12" diameter temporary water pipeline to be placed as an aerial crossing over, a UNT to Little Buffalo Run (HQ-CWF) and its associated floodway, having 12 linear feet of temporary stream impact. 40°52`59.15"N
-79°46`9.09"W6 A temporary road crossing of, and a 12" diameter temporary water pipeline to be placed as an aerial crossing over, a UNT to Little Buffalo Run (HQ-CWF) and its associated floodway consisting of palustrine emergent (PEM); having 16 linear feet of temporary stream impact and .02 acre of temporary wetlands impacts. 40°52`55.23"N
-79°45`47.66"W7 A temporary road crossing of, and a 12" diameter temporary water pipeline to be placed as an aerial crossing over, a palustrine emergent (PEM) wetland, having .008 acre of temporary wetland impact. 40°52`56.04"N
-79°45`15.48"W8 A temporary road crossing of, and a 12" diameter temporary water pipeline to be placed as an aerial crossing over, a palustrine emergent (PEM) wetland, having .004 acre of temporary wetland impact. 40°52`56.10"N
-79°45`12.73"W9 A temporary road crossing of, and a 12" diameter temporary water pipeline to be placed as an aerial crossing over, a UNT to Little Buffalo Run (HQ-CWF) and its associated floodway consisting of palustrine emergent (PEM); having 34 linear feet of temporary stream impact and .006 acre of temporary wetlands impacts. 40°52`56.17"N
-79°45`10.29"W
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA 17701
E5729-071: Appalachia Midstream Services, LLC, 100 IST Center, Horseheads, NY 14845, Forks Township, Sullivan County, ACOE Baltimore District.
To construct, operate, and maintain:
1) A temporary access road using a timber mat bridge and an 8 inch diameter well line impacting 3,591 square feet of an exceptional value palustrine forested (EV-PFO) wetland and 150 linear feet of Level Branch Creek (EV) (Overton, PA Quadrangle 41°33`58"N, 76°32`29"W);
2) A temporary access road using a timber mat bridge and an 8 inch diameter well line impacting 4,538 square feet of an exceptional value palustrine scrub shrub (EV-PSS) wetland and 175 linear feet of Kelly Run (EV) (Overton, PA Quadrangle 41°33`53"N, 76°32`11"W);
3) A temporary access road using timber mat bridge and an 8 inch diameter gathering line impacting 18,164 square feet of an exceptional value palustrine emergent (EV-PEM) wetland (Overton, PA Quadrangle 41°33`46"N, 76°31`19"W).
The project will result in 325 linear feet of temporary stream impacts, 22,702 square feet (0.52 acre) of temporary wetland impacts and 3,591 square feet (0.08 acre) of permanent wetland impacts all for the purpose of installing a gathering line for Marcellus well development in Elkland Township, Sullivan County. The permittee will provide 0.17 acre of compensatory mitigation at the Wilmot Mitigation Site (Colley, PA Quadrangle 41°36` 44"N 76°17`27"W) in Wilmot Township, Bradford County.
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, 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-1 #ESX14-073-0015—Davis Kester Gathering
Pipeline
Applicant Hilcorp Energy Company
Contact Stephanie McMurray
Address 1201 Louisiana Street, Suite 1400
City Houston State TX Zip Code 77002
County Lawrence Township(s) Pulaski(s)
County Mercer Township(s) Shenango(s)
Receiving Stream(s) and Classification(s) UNT to Deer
Creek, UNT to Shenango River, UNT to Turkey Run—
WWF, Deer Creek & Shenango River—WWFESCGP-1 #ESX14-085-0018
Applicant Hilcorp Energy Company
Contact Stephanie McMurray
Address 1201 Louisiana Street, Suite 1400
City Houston State TX Zip Code 77002
County Mercer Township(s) Lackawannock(s)
Receiving Stream(s) and Classification(s) UNT to
Harthegig Run and Harthegig Run (TSF),
Secondary Receiving Water Neshannock Creek.Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701
ESCGP-1 # ESG13-081-0013 (01)
Applicant Name Anadarko E&P Onshore, LLC
Contact Person Rane Wilson
Address 33 West 3rd Street, Suite 200
City, State, Zip Williamsport, PA 17701
County Lycoming County
Township(s) McIntyre Township
Receiving Stream(s) and Classification(s) UNTs Frozen
Run and Short Run (HQ-CWF/MF);
Secondary: Frozen Run and Grays Run (HQ-CWF/MF)ESCGP-1 # ESX12-117-0090 (01)
Applicant Name PVR Marcellus Gas Gathering LLC
Contact Person Nicholas Bryan
Address 101 West Third Street
City, State, Zip Williamsport, PA 17701
County Tioga County
Township(s) Liberty Township
Receiving Stream(s) and Classification(s) UNT to Salt
Spring Run and Brion Creek/Roaring Branch Basin-
Lycoming Creek (HQ, EV, Other CWF/MF)ESCGP-1 # ESG29-081-14-0017
Applicant Name Pennsylvania General Energy Company,
LLC
Contact Person Douglas Kuntz
Address 120 Market Street
City, State, Zip Warren, PA 16365
County Lycoming County
Township(s) McHenry Township
Receiving Stream(s) and Classification(s) Bark Cabin Run
(HQ, CWF); UNT Branch (HQ, CWF);
Secondary: Little Pine Creek (HQ, TSF)ESCGP-1 # ESX29-015-14-0018
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) Smithfield Township
Receiving Stream(s) and Classification(s) West Branch
Tomjack Creek (TSF/MF);
Secondary: Tomjack Creek (TSF/MF)ESCGP-1 # ESX29-117-14-0006
Applicant Name SWEPI LP
Contact Person Jason Shoemaker
Address 2100 Georgetown Drive, Suite 400
City, State, Zip Sewickley, PA 15143
County Tioga County
Township(s) Rutland Township
Receiving Stream(s) and Classification(s) UNT to Elk
Run/Elk Run and Mill Creek (TSF/MF);
Secondary: Tioga RiverESCGP-1 # ESG29-081-14-0012
Applicant Name Inflection Energy, LLC
Contact Person Thomas Gillespie
Address 416 Pine Street
City, State, Zip Williamsport, PA 17701
County Lycoming County
Township(s) Eldred and Loyalsock Townships
Receiving Stream(s) and Classification(s) UNTs to Mill
Creek and Mill Creek (TSF);
Secondary: Loyalsock Creek (EV)ESCGP-1 # ESG29-113-14-0008
Applicant Name Chief Oil & Gas, LLC
Contact Person Jeffrey Deegan
Address 6051 Wallace Road
City, State, Zip Wexford, PA 15090
County Sullivan County
Township(s) Fox Township
Receiving Stream(s) and Classification(s) Hoagland
Branch (HQ-CWF, MF, EV, NR);
Secondary: Porter CreekESCGP-1 # ESG29-015-14-0013
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) Overton Township
Receiving Stream(s) and Classification(s) Lick Creek
(EV)(CWF/MF); Loyalsock Creek (EV-CWF/MF)ESCGP-1 # ESX29-115-14-0049
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Susquehanna County
Township(s) Auburn Township
Receiving Stream(s) and Classification(s) Baker Creek
(CWF/MF)ESCGP-1 # ESM09-081-0013 (01)
Applicant Name XTO Energy, Inc.
Contact Person Stacey Vehovic
Address 395 Airport Road
City, State, Zip Indiana, PA 15701
County Lycoming County
Township(s) Shrewsbury Township
Receiving Stream(s) and Classification(s) Roaring Run
(EV);
Secondary: Bushy RunSouthwest Region: Oil & Gas Program Mgr. 400 Waterfront Dr. Pittsburgh PA
ESCGP-2 No: ESX13-003-0014
Applicant Name: CONE Gathering LLC
Contact Person Ms Tara Meek
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Allegheny Township: Findlay
Receiving Stream (s) And Classifications: McClarens Run,
tributaries to McClarens Run, Montour Run, tributaries
to Montour Run, North Fork Montour Run, tributaries
to North Fork Montour Run/Ohio River Watershed—see
Appendix A for additional receiving waters; Other Trout
stocked Fisheries (TSF) Siltation-ImpairedESCGP-2 No.: ESX14-059-0021
Applicant Name: Energy Corporation of America
Contact Person: Mr Travis Wendel
Address: 101 Heritage Run Road Suite 1
City: Indiana State: PA Zip Code: 15701
County: Greene Township(s): Jefferson
Receiving Stream(s) and Classifications: Tributary 40334
& 40337 to South Fork Tenmile Creek, Eaton Hollow, &
UNT 1 to Eaton Hollow / Lower Monongahela Water-
shed; Other WWFESCGP-2 No.: ESX13-003-0012
Applicant Name: CONE Gathering LLC
Contact Person: Ms Tara Meek
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Allegheny Township(s): Findlay
Receiving Stream(s) and Classifications: Raredon Run,
tributaries to Raredon Run, Montour Run, tributaries
to Montour Run/Ohio River Watershed—see Appendix
for additional receiving waters; Other Warm Water
Fisheries (WWF), Trout Stocking Fisheries (TSF);
Siltation-ImpairedESCGP-2 No.: ESX10-125-0078
Applicant Name: CNX Gas Company LLC
Contact Person: Ms Tara Meek
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Washington Township(s): North Franklin /
South Franklin
Receiving Stream(s) and Classifications: Fork of
Bane Creek (Trout Stock Fishery, TSF); Tributary
to Chartiers Creek (Warm Water Fishery, WWF)
Reservoir Number 4 High Quality-Warm Water
Fishery (HQ-WWF); Other Warm Water Fisheries
(WWF) and Trout stocked Fisheries (TSF); Siltation-
Impaired
SPECIAL NOTICES
Notice of Certification to Perform Radon-Related Activities in Pennsylvania In the month of May 2014 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 Certification Robert Beattie 851 Bangor Rd.
Nazareth, PA 18064Testing Patrick Borkowski PO Box 63827
Philadelphia, PA 19147Testing Nathaniel Burden 626 Jacksonville Rd., Ste. 200
Warminster, PA 18974Mitigation Robert Corcia 309 Grouse Run
Cresco, PA 18326Testing Jason Cramer 1580 Quarry Dr.
Bethlehem, PA 18050Testing Victor Delfi 1923 Hawk Dr.
Stroudsburg, PA 18360Testing Gary Drenning PO Box 237
Hollidaysburg, PA 16648Testing Enviroquest, Inc. 1738 N. 3rd St., Ste. A
Harrisburg, PA 17102Mitigation Paul Fletcher
Alpha Energy Laboratories2501 Mayes Rd. Ste. 100
Carrollton, TX 75006Laboratory Analysis Adam Ginocchi 407 Jenny Ln.
New Castle, PA 16101Testing Bryan Griest 128 Boyd Dr.
Butler, PA 16001Testing Walter Hanes 516 Paradise Valley Rd.
St. Marys, PA 15857Mitigation Robert Hewlett PO Box 1942
Cranberry Township, PA 16066Mitigation Theresa Hovanec 1600 Utica Ave. S, Ste. 800
Minneapolis, MN 55416Testing John Jenkins 37 N. Washington St.
Wilkes-Barre, PA 18702Testing Thomas McArdle
Seitz Brothers83 Claremont Ave.
Tamaqua, PA 18252Mitigation Charles McKee 4731 Backenberry Dr.
Friendswood, TX 77546Testing Neil Minnucci 955 Allentown Rd.
Lansdale, PA 19446Mitigation Timothy A. Musser Co., Inc. 213 N. 14th St.
Allentown, PA 18102Mitigation Michael Parenti 1120 Candy Ln.
Erie, PA 16505Mitigation Celia Rajkovich 122 W. 5th Ave.
Derry, PA 15627Laboratory Analysis James Rossi 18 Nutgrove Rd.
Pine Grove, PA 17963Mitigation S.A.F.E. Inspection Services, LLC PO Box 343
East Berlin, PA 17316Testing Edward Schluth 472 Indian Crest Dr.
Harleysville, PA 19438Testing Malissa Sears 1675 N. Commerce Pkwy.
Weston, FL 33326Laboratory Analysis Brian Seitz
Seitz Brothers83 Claremont Ave.
Tamaqua, PA 18252Testing Jon Shaffer 1115 Cornell St.
Pittsburgh, PA 15212Mitigation Steven Shallenberger 3418 Allegheny Rd.
Erie, PA 16508Mitigation William Thacker 33 Cherry Rd.
Airville, PA 17302Mitigation
Water Quality Certification under Section 401
of the Federal Clean Water Act for the Exelon Generation Co., LLC Muddy Run Pumped
Storage Hydroelectric Project and Related Mitigation; FERC Docket No. P-2355-018;
PADEP File No. EA 36-033On June 3rd, 2014, the Pennsylvania Department of Environmental Protection (''DEP'') issued Section 401 Water Quality Certification to Exelon Generation Co., LLC (''Exelon'') for the Muddy Run Pumped Storage Facility (''Project'').
Exelon proposes to continue operation of the Project, including the main dam embankment, east dike, recreation pond dam and spillway, canal dam embankment, upper reservoir spillway, intake structure, powerhouse, primary transmission line, 900-acre Muddy Run Power Reservoir and 100-acre Recreation Lake (Holtwood, PA Quadrangle; Latitude: 39° 48` 33.34"N Longitude: -76° 17` 49.29" W). Continued operation of the facility will have entrainment effects on resident and migratory fish (including bluegill, rock bass, smallmouth bass, white crappie, channel catfish, walleye, and American shad, alewife and blueback herring) as well as American eel and other aquatic species.
The Department certifies that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and with appropriate requirements of state law. The Department further certifies that the continued operation and maintenance of the project complies with Commonwealth water quality standards and that the operation and maintenance of the projects does not violate applicable Commonwealth water quality standards provided that the operation and maintenance of the project complies with the conditions in this certification, including the criteria and conditions set forth below:
Compensatory Mitigation:
1. Exelon will implement a program to trap approximately one million (1,000,000) eels per year from below the Conowingo Dam in Maryland and in the Octoraro Creek and transport them to multiple locations in the Susquehanna Watershed in Pennsylvania.
2. Exelon will provide five hundred thousand dollars ($500,000.00) per year for habitat/sediment improvement projects in Lancaster and York Counties in Pennsylvania. This will include agricultural pasture and barnyard best management practices to address sediment introduction, stream improvement projects, riparian buffers, small dam removal, and other habitat improvement projects. This mitigation will continue through 2030 when it will be revisited through a re-evaluation of the water quality certification.
3. Exelon will provide a version of their Lower Susquehanna River OASIS Model to the Susquehanna River Basin Commission.
4. Exelon will achieve certain fish passage targets for migratory fish and eels passing through the project area, and will take corrective action if the fish passage targets are not achieved.
5. Exelon will conduct dissolved oxygen testing and endangered species evaluation.
6. The water quality certification will be revised in 2030, as appropriate, to address demonstrated project impacts and subject to the provisions of this certification, to establish requirements consistent with Section 401 of the Clean Water Act, 33 U.S.C Section 1341.
DEP's 401 WQ Certification for this Project, File No. EA 36-033, can be reviewed at the DEP South-central Region Office (''SCRO''), located at 909 Elmerton Ave., Harrisburg, PA 17110-8200. Please contact the DEP SCRO file room at 717-705-4732 to schedule a review of this file.
Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P. S. Section 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, 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 Environmental Hearing Board within 30 days of receipt of written notice of this action 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 any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the board within 30 days. You do not need a lawyer to file an appeal with the board.
Important legal rights are at stake, however, so you should show this document to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the secretary to the board (717.787.3483) for more information.
Water Quality Certification under Section 401 of the Federal Clean Water Act for the Extended Power Uprate (''EPU'') for Peach Bottom Atomic Power Station (''PBAPS'') Peach Bottom Atomic Power Station (PBAPS) is an existing nuclear-fueled boiling water reactor electric power generating facility located along the Susquehanna River in Peach Bottom Township, York County and Fulton and Drumore Townships, Lancaster County. PBAPS is owned by Exelon Generation Company, LLC (EXELON) (a wholly-owned subsidiary of Exelon Corporation) and PSEG Nuclear, LLC. The facility is operated by EXELON. EXELON has submitted a License Amendment Request (LAR) to the US Nuclear Regulatory Commission (NRC) for a proposed Extended Power Uprate (EPU) for units 2 and 3. The proposed EPU would allow the units to change from the currently licensed 3514 megawatts-thermal (MWt) to nominally 3951 MWt per unit.
Impacts to aquatic resources associated with continued operation of the facility and the EPU include water withdrawal from the Conowingo Pond of the Susquehanna River, consumptive use, and the thermal impacts of the heated water discharges back to the Conowingo Pond. Water will continue to be withdrawn at a maximum rate of 2,363.620 million gallons per day (MGD). Water intake will continue to have impingement and entrainment effects on the migratory and resident fish as well as other aquatic species. Consumptive water use at the facility is a maximum of 49.000 MGD. Discharge temperatures include a projected change in the temperature increase at a maximum from existing 22°F increase to a 25°F increase due to the EPU.
EXELON will mitigate the impacts of impingement and entrainment by providing one hundred thousand dollars ($100,000.00) per year for habitat/sediment improvement projects in Lancaster and York Counties. This will include stream improvement projects, agricultural pasture and barnyard best management practices, and small dam removal projects. Consumptive use impacts will be mitigated by adherence to the Susquehanna River Basin Commission (SRBC) consumptive use authorization. Thermal impacts will be mitigated by adherence to the National Pollution Discharge Elimination System (NPDES) permit. Such payments hereunder shall be made for the duration of the operation of PBAPS as an electric generation facility.
The Commonwealth of Pennsylvania (Commonwealth) Department of Environmental Protection (Department, DEP or PADEP), by this notice, proposes to certify that the construction, operation and maintenance of the EPU complies with the applicable provisions of sections 301—303, 306, 307 and 316 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and appropriate requirements of state law. The Department further proposes to certify that the construction, operation and maintenance of the EPU complies with Commonwealth applicable water quality standards and that the construction, operation and maintenance of the EPU does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the EPU complies with the conditions proposed for this certification, including the criteria and conditions of the following permits:
1. Discharge Permit—PBAPS shall obtain and comply with a PADEP National Pollutant Discharge Elimination System (NPDES) permit for the discharge of pollutants pursuant to Pennsylvania's Clean Streams Law (35 P. S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—PBAPS 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.
3. Water Obstruction and Encroachment Permits—PBAPS shall obtain and comply with a PADEP Chapter 105 Water Obstruction and Encroachment Permit or Dam Permit for the construction, operation and maintenance of all dams, water obstructions or encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P. S. §§ 673.1—693.27), and Flood Plain Management Act (32 P. S. §§ 679.101—679.601.) and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Susquehanna River Basis Commission—PBAPS shall implement the Consumptive Water Use Mitigation Plan as approved and conditioned by the Susquehanna River Basin Commission including any future amendments to that plan.
5. Habitat Improvement Projects—
a. Commencing on the first March 1 after completion of the EPU of Unit 2, and by March 1 of each year thereafter, PBAPS shall provide a total ONE HUNDRED THOUSAND DOLLARS ($100,000.00) annually in compensatory mitigation to the PFBC, or to such other conservation district, resource agency or 501(c)(3) organization as directed by the PADEP, for the implementation of habitat/sediment improvement projects. This will include stream improvement projects, agricultural pasture and barnyard best management practices, and small dam removal projects.
b. This annual compensatory mitigation shall be by corporate check, or the like, made payable to the PFBC in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for habitat/sediment improvement projects in Lancaster or York Counties or to such other entities as the PADEP shall direct. PBAPS and PADEP shall receive from PFBC an annual accounting of projects implemented and fund expenditures. The funds shall be deposited by the PFBC into a special non-lapsing interest bearing account established and to be used only for the HIP Projects required by this Water Quality Certification (''PBAPS HIP Funds'').
c. PADEP shall ensure that each project proposed by the PFBC shall be submitted to the DEP South-central Regional Office Waterways and Wetlands Program Manager, or the successor position, for approval. No single project shall receive more than $75,000.00 in compensatory mitigation funding from the PBAPS HIP Fund. Funding priority shall be given for projects that include stream forested buffers of at least 50 feet in width and wetland creation projects. Project funding shall not include any indirect administrative costs and, except where specifically authorized by the DEP, shall not include direct administrative costs. In no case shall direct administrative costs be greater than 10% of the project funding. At PBAPS's option, and subject to land owner approval, for each project signage shall be displayed acknowledging PBAPS's funding of the habitat improvement.
d. Exelon may request that the PADEP revise the compensatory mitigation in response to actions or activities by Exelon that reduce the degree of impingement and/or entrainment at the PBAPS.
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 PBAPS
7. Operation—For the EPU under this certification, PBAPS shall at all times properly operate and maintain the PBAPS 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 PBAPS.
8. Inspection—The PBAPS, 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, appropriate requirements of state law and Pennsylvania's Water Quality Standards. A copy of this Certification shall be available for inspection by the PADEP during such inspections of the Projects.
9. Transfer of Projects—If the owners of PBAPS intend to transfer any legal or equitable interest in the PBAPS, they 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 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:
Department of Environmental Protection
South-central Regional Office
Mr. Scott Williamson
Waterways and Wetlands Program Manager
909 Elmerton Avenue
Harrisburg, PA 17110-820011. Reservation of Rights—PADEP may suspend or revoke this Certification if it determines that PBAPS has not complied with the terms and conditions of this Certification. PADEP may require additional measures to achieve compliance with applicable law, subject to PBAPS'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 PBAPS 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.
PBAPS's request to DEP for Water Quality Certification, File No. EA 67-024 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. Comments must be submitted within 30 days of this notice.
[Pa.B. Doc. No. 14-1255. Filed for public inspection June 13, 2014, 9:00 a.m.]
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