[44 Pa.B. 5220]
[Saturday, August 2, 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
30841312 and NPDES No. PA0013790. Consolidation Coal Company, (1 Bridge Street, Monongah, WV 26554). To revise the permit for the Blacksville Mine No. 2 in Jackson, Gilmore and Wayne Townships, Greene County to add underground permit and subsidence control plan area acres for longwall mining. Potential stream restoration for stream flow loss from longwall mining may be necessary for three areas of Bloody Run, two areas of Roberts Run, and one area of Negro Run. In conjunction with this approval, the Department is granting 401 Water Quality Certification certifying that the approved activities will comply with the applicable provisions of sections 301—303, 306, and 307 of the Federal Water Pollution Control Act (33 USCA § 1341) and will not violate Federal and State water quality standards. Underground Acres Proposed 2161.1, Subsidence Control Plan Acres Proposed 3260.8. No additional discharges. The application was considered administratively complete on March 15, 2012. Application received July 19, 2011. Permit issued July 14, 2014.
30841307. Emerald Coal Resources, LP, (158 Portal Road, PO Box 1020, Waynesburg, PA 15370). To revise the permit for the Emerald Mine No. 1 in Franklin Township, Greene County to add subsidence control plan area acres for development mining. Subsidence Control Plan Acres Proposed 20.88. No additional discharges. The application was considered administratively complete on January 24, 2012. Application received November 18, 2011. Permit issued July 14, 2014.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
Permit No. 56980109 and NPDES No. PA0234931. Mountaineer Mining Corporation, 1010 Garrett Shortcut Road, Berlin, PA 15530, revision of an existing bituminous surface mine to change the land use from Woodland and Residential to Pastureland in Brothersvalley Township, Somerset County, affecting 26.5 acres. Receiving streams: unnamed tributaries to/and Tubs Run, Unnamed Tributaries to/and Hayes Run and Unnamed Tributaries to/and Buffalo Creek classified for the following use: cold water fisheries. There are no potable water supply intakes within 10 miles downstream. Application received: January 31, 2014. Permit Issued: July 16, 2014.
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500
65890104 and NPDES Permit No. PA0591734. Coal Loaders, Inc. (210 E. Main Street, Ligonier, PA 15658). Permit renewal issued for reclamation only to an existing bituminous surface mine, located in South Huntingdon Township, Westmoreland County, affecting 92.5 acres. Receiving streams: unnamed tributary to Barren Run. Application received: June 10, 2014. Permit issued: July 14, 2014.
03080104 and NPDES Permit No. PA0251496. Rosebud Mining Co. (301 Market Street, Kittanning, PA 16201). Permit renewal issued for reclamation only to an existing bituminous surface mine, located in East Franklin and North Buffalo Townships, Armstrong County, affecting 114.8 acres. Receiving streams: unnamed tributaries to Glade Run. Application received: April 22, 2014. Permit issued: July 16, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17850127 and NPDES PA0596451. King Coal Sales, Inc. (P. O. Box 712, Philipsburg, PA 16866). Permit renewal for reclamation only to an existing bituminous surface mine located in Morris Township, Clearfield County affecting 233.0 acres. Receiving stream: Alder Run classified for the following use(s): Cold Water Fishes. There are no potable water supply intakes within 10 miles downstream. Application received: March 18, 2014. Permit issued: July 16, 2014.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
Permit No. 6477SM5 and NPDES No. PA0009059. Specialty Granules, Inc., 1455 Old Waynesboro Road, Blue Ridge Summit, PA 17214, revision of an existing bituminous surface mine to redesign 23 acres within the current permitted area from support to mining and will include associated enhanced reclamation plans in Hamiltonban Township, Adams County, affecting 306.6 acres. Receiving stream: unnamed tributaries to Toms Creek classified for the following use: high quality cold water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: April 11, 2012. Permit Issued: July 16, 2014.
Permit No. 01930302 and NPDES No. PA0223239. Specialty Granules, Inc., 1455 Old Waynesboro Road, Blue Ridge Summit, PA 17214, revision of an existing bituminous surface mine to redesign 23 acres within the current permitted area from support to mining and will include associated enhanced reclamation plans in Hamiltonban Township, Adams County, affecting 313.2 acres. Receiving stream: unnamed tributaries to Toms Creek classified for the following use: high quality cold water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: April 11, 2012. Permit Issued: July 16, 2014.
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500
2969BSM24 and NPDES Permit No. PA0252018. Potato Ridge, LLC (520 West Short Street, Lexington KY 40507). NPDES permit renewal and revised the chemical treatment system for a mine drainage permit, located in Stewart Township, Fayette County, affecting 169.8 acres. Receiving stream: unnamed tributary to Laurel Run. Application received: September 7, 2010. Permit issued: July 16, 2014.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
37930305. Three Rivers Aggregates, LLC (1807 Shenango Road, New Galilee, PA 16141) Revision to an existing large industrial minerals mine to change the post-mining land use from cropland and forestland to unmanaged water impoundment on the Cunningham Heirs and Kenneth E. Meals properties in Plain Grove Township, Lawrence County. Receiving streams: Unnamed tributary to Taylor Run and Taylor Run. Application received: May 14, 2014. Permit Issued: July 16, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
41990301 and NPDES PA238287. Glenn O. Hawbaker, Inc. (1952 Waddle Road, State College, PA 16803-1649). NPDES renewal for continue operation and reclamation of a large noncoal surface mining site located in Armstrong Township, Lycoming County affecting 41.27 acres. Receiving stream(s): Hagerman's Run. Application received: June 5, 2014. Renewal issued: July 16, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 38120301. Greater Lebanon Refuse Authority, (1610 Russell Road, Lebanon, PA 17046), commencement, operation and restoration of quarry operation in North Annville Township, Lebanon County affecting 170.0 acres, receiving stream: Swatara Creek Watershed. Application received: October 4, 2012. Permit issued: July 16, 2014.
Permit No. 38120301GP104, Greater Lebanon Refuse Authority, (1610 Russell Road, Lebanon, PA 17046), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 38120301 in North Annville Township, Lebanon County, receiving stream: Swatara Creek Watershed. Application received: October 4, 2012. Permit issued: July 16, 2014.
Permit No. 58010301T3 and NPDES Permit No. PA0224171. Pennsy Supply, Inc., (PO Box 3331, Harrisburg, PA 17105), transfer of an existing quarry operation and renewal of NPDES Permit for discharge of treated mine drainage in Bridgewater Township, Susquehanna County affecting 41.96 acres, receiving stream: unnamed tributary to South Branch Wyalusing Creek. Application received: February 26, 2013. Transfer issued: July 18, 2014.
Permit No. 58142501. Nielton Dias, (503 Morgan Highway, Clarks Summit, PA 18411), commencement, operation and restoration of a General Permit for Bluestone (GP105) quarry operation in Lathrop Township, Susquehanna County affecting 10.0 acres, receiving stream: Horton Creek. Application received: February 10, 2014. Permit issued: July 21, 2014.
Permit No. 58142501GP104. Nielton Dias, (503 Morgan Highway, Clarks Summit, PA 18411), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58142501 in Lathrop Township, Susquehanna County, receiving stream: Horton Creek. Application received: February 10, 2014. Permit issued: July 21, 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
63144106. Wampum Hardware Co. (636 Paden Road, New Galilee, PA 16141). Blasting activity permit for the construction of the utility pipeline, located in Bentleyville Borough, Washington County and Waynesburg Borough, Greene County with an exploration date of December 31, 2014. Blasting permit issued: July 10, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17144101. Wampum Hardware Company (2856 Stoystown Rd, Friedens, PA 15541-7020). Blasting on mine site for RES Coal LLC, GFCC 17-10-02, Mine #34 located in Lawrence Township, Clearfield County with an expiration date of December 31, 2015. Permit issued: July 15, 2014.
41144003. Pennsylvania General Energy LLC (120 Market Street, Warren, PA 16365). Blasting for construction of SLG 75 Pad A located in McHenry Township, Lycoming County with an expiration date of July 31, 2015. Permit issued: July 15, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 06144108. Rock Work, Inc., (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for St. Mark's Place in Birdsboro Borough, Berks County with an expiration date of July 1, 2015. Permit issued: July 15, 2014.
Permit No. 40144107. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for Fairmont Township Shale Pit in Fairmont Township, Luzerne County with an expiration date of July 30, 2015. Permit issued: July 15, 2014.
Permit No. 58144147. DW Drilling & Blasting, (9990 Coconut Road, Bonita Springs, FL 34135), construction blasting for Fontana Gas Pad in Bridgewater Township, Susquehanna County with an expiration date of June 30, 2015. Permit issued: July 15, 2014.
Permit No. 58144148. John H. Brainard, (3978 SR 2073, Kingsley, PA 18826), construction blasting for Jones Compressor Station in Middletown Township, Susque-hanna County with an expiration date of December 14, 2014. Permit issued: July 15, 2014.
Permit No. 67144110. Brubacher Excavating, Inc., (P. O. Box 528, Bowmansville, PA 17507), construction blasting in Gifford Pinchot State Park in Warrington Township, York County with an expiration date of July 1, 2015. Permit issued: July 15, 2014.
Permit No. 35144105. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for Northeast Reliability Project in Covington Township, Lackawanna County with an expiration date of July 31, 2016. Permit issued: July 16, 2014.
Permit No. 06144109. J Roy's, Inc., (P. O. Box 125, Bowmansville, PA 17507), construction blasting for Willow Glen in Ontelaunee Township, Berks County with an expiration date of July 17, 2015. Permit issued: July 17, 2014.
Permit No. 06144110. J Roy's, Inc., (P. O. Box 125, Bowmansville, PA 17507), construction blasting for Woods Edge Phase 3C in Amity Township, Berks County with an expiration date of July 17, 2015. Permit issued: July 17, 2014.
Permit No. 06144111. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for River Bend Estates in Marion Township, Berks County with an expiration date of July 31, 2015. Permit issued: July 17, 2014.
Permit No. 23144101. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Webster Farms in Bethel Township, Delaware County with an expiration date of July 10, 2015. Permit issued: July 17, 2014.
Permit No. 38144108. Maine Drilling & Blasting, Inc., (P. O. Box 1140, Gardiner, ME 04345), construction blasting for Zinns Mill Road Lot in Cornwall Borough, Lebanon County with an expiration date of July 16, 2015. Permit issued: July 17, 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 Northwest Region: Oil and Gas Program Manager, 230 Chestnut Street, Meadville, PA 16335 814-332-6860
E43-08-002, Halcon Field Service LLC, 1000 Louisiana Street, Suite 6700, Houston, TX 77002-6003, Cude to Yoder Pipeline in West Salem Township, Mercer County, ACOE Pittsburgh District (Greenville West, PA Quadrangle, N: 41.406297°; W: 80.44925°).
The applicant proposes to construct and maintain approximately 6.53 miles of 16 inch diameter, steel natural gas pipeline in West Salem Township, Mercer County, PA. The proposed pipeline will connect Halcon Field Services, LLC's Cude and Yoder well pads to their proposed Phillips to Yoder Pipeline.
The water obstructions and encroachments for the purposes of installing the pipeline are described below:
1 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Shenango River (WWF) and its associated floodway consisting of palustrine emergent/palustrine forested/palustrine shrub-scrub (PEM/PFO/PSS) wetland. 41.429602° N; -80.427435°W 1 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine emergent/palustrine forested/palustrine shrub-scrub (PEM/PFO/PSS) wetland. 41.429602° N; -80.427435°W 2 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine forested (PFO) wetland. 41.424717° N; -80.427911°W 3 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine emergent (PEM) wetland, having .07 acre of temporary impact. 41.423897°N; -80.428071°W 4 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine Emergent (PEM) wetland, having .01 acre of temporary impact. 41.422106°N; -80.428167°W 5 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 60 linear feet of temporary stream impact. 41.421198° N; -80.428955°W 6 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 64 linear feet of temporary stream impact. 41.420927° N; -80.429321°W 7 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine Emergent (PEM) wetland, having .006 acre of temporary impact. 41.420337°N; -80.430116°W 8 A temporary road to cross a palustrine Emergent (PEM) wetland, having .003 acre of temporary impact. 41.419908°N; -80.430563°W 9 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine forested/palustrine shrub-scrub (PFO/PSS) wetland. 41.415149° N; -80.431260°W 10 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine forested/palustrine shrub-scrub (PFO/PSS) wetland. 41.414155° N; -80.433870°W 11 A temporary road to cross a palustrine Emergent (PEM) wetland, having .008 acre of temporary impact. 41.411479°N; -80.432452°W 12 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 39 linear feet of temporary stream impact. 41.412433° N; -80.444739°W 13 A permanent access road to cross a UNT to Big Run (WWF), having 26 linear feet of temporary stream impact. 41.408074° N; -80.449207°W 14 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 60 linear feet of temporary stream impact. 41.407606° N; -80.448916°W 15 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine emergent (PEM) wetland. 41.405336° N; -80.450753°W 16 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.405116° N; -80.450648°W 17 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine emergent (PEM) wetland, having .003 acre of temporary impact. 41.39983°N; -80.450118°W 18 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 47 linear feet of temporary stream impact. 41.398237° N; -80.44967°W 19 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine emergent (PEM) wetland. 41.397036° N; -80.449566°W 20 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine emergent (PEM) wetland. 41.396563° N; -80.449526°W 21 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath Big Run (WWF) 41.396285° N; -80.449502°W 22 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 29 linear feet of temporary stream impact. 41.391304° N; -80.448865°W 22 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine emergent (PEM) wetland, having .006 acre of temporary impact. 41.391304°N; -80.448865°W 23 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.389734° N; -80.448608°W 24 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.389275° N; -80.448551°W 25 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.386398° N; -80.448218°W 25 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine emergent/palustrine shrub-scrub (PEM/PSS) wetland. 41.386398° N; -80.448218°W 26 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 47 linear feet of temporary stream impact. 41.382255° N; -80.453988°W 27 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine emergent (PEM) wetland, having .3 acre of temporary impact. 41.380708°N; -80.453857°W 28 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine emergent (PEM) wetland, having .03 acre of temporary impact. 41.380016°N; -80.453906°W 29 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 50 linear feet of temporary stream impact. 41.379241° N; -80.453867°W 30 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine emergent (PEM) wetland, having .006 acre of temporary impact. 41.378966°N; -80.45386°W 31 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.378882° N; -80.456216°W 31 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a palustrine emergent (PEM) wetland. 41.378882° N; -80.456216°W 32 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.378884° N; -80.456776°W 33 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.378881° N; -80.457193°W 34 One (1) 16 inch diameter, steel natural gas gathering line to be bored underneath a UNT to Big Run (WWF) 41.378870° N; -80.458600°W 35 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 55 linear feet of temporary stream impact. 41.378606° N; -80.459353°W 35 A temporary road to cross a palustrine emergent (PEM) wetland, having .008 acre of temporary impact. 41.378606°N; -80.459353°W 36 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Big Run (WWF), having 55 linear feet of temporary stream impact. 41.377333° N; -80.459333°W 37 A temporary road to cross a palustrine emergent (PEM) wetland, having .0008 acre of temporary impact. 41.373081°N; -80.468014°W District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA 17701
E5829-072. Gibson and Clifford Townships, Williams Field Services Company, LLC, Park Place Corporate Center 2, 2000 Commerce Park Drive, Pittsburgh, PA 15275; Gibson and Clifford Townships, Susquehanna County, ACOE Baltimore District.
To construct, operate, and maintain:
1) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 1,262 square feet of floodway to an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 27" Lat., W -75° 35` 25" Long.),
2) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 55 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 26" Lat., W -75° 35` 28" Long.),
3) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 57 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 26" Lat., W -75° 35` 29" Long.),
4) a 20-inch diameter natural gas pipeline and temporary timber mat crossing impacting 4,747 square feet (0.11 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 43` 25" Lat., W -75° 35` 31" Long.),
5) a temporary timber mat crossing impacting 45 square feet (0.01 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 43` 25" Lat., W -75° 35` 32" Long.),
6) a 20-inch diameter natural gas pipeline and temporary timber mat crossing impacting 10,548 square feet (0.24 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 43` 22" Lat., W -75° 35` 33" Long.),
7) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 75 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 18" Lat., W -75° 35` 32" Long.),
8) a 20-inch diameter natural gas pipeline and temporary timber mat crossing impacting 802 square feet (0.02 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 43` 18" Lat., W -75° 35` 32" Long.),
9) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 72 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 17" Lat., W -75° 35` 31" Long.),
10) a 20-inch diameter natural gas pipeline crossing impacting 695 square feet of floodway of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 16" Lat., W -75° 35` 30" Long.),
11) a 20-inch diameter natural gas pipeline crossing impacting 3 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 16" Lat., W -75° 35` 29" Long.),
12) a 20-inch diameter natural gas pipeline crossing impacting 3 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 16" Lat., W -75° 35` 29" Long.),
13) a 20-inch diameter natural gas pipeline crossing impacting 5 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 43` 16" Lat., W -75° 35` 29" Long.),
14) a 20-inch diameter natural gas pipeline crossing impacting 143 square feet (0.01 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 43` 16" Lat., W -75° 35` 29" Long.),
15) a 20-inch diameter natural gas pipeline and temporary timber mat crossing impacting 4,858 square feet (0.11 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 43` 13" Lat., W -75° 35` 26" Long.),
16) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 53 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 42` 56" Lat., W -75° 35` 19" Long.),
17) a 20-inch diameter natural gas pipeline impacting 51 square feet (0.01 acre) of a PSS wetland and a temporary timber mat crossing impacting 693 square feet (0.02 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 42` 55" Lat., W -75° 35` 18" Long.),
18) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 53 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 42` 54" Lat., W -75° 35` 16" Long.),
19) a 20-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 50 lineal feet of an unnamed tributary to Idlewild Creek (CWF-MF) (Clifford, PA Quadrangle; N 41° 42` 41" Lat., W -75° 35` 08" Long.),
20) a temporary timber mat crossing impacting 1,018 square feet (0.02 acre) of a PEM wetland (Clifford, PA Quadrangle; N 41° 42` 40" Lat., W -75° 35` 07" Long.).
The project consists of constructing approximately 8,554 lineal feet (1.62 miles) of 20" natural gas gathering line, within a maintained 50 to 75 foot permanent right of way located in Gibson, and Clifford Townships, Susquehanna County. The project will result in 426 lineal feet of temporary stream impacts, 2,883 square feet of temporary floodway impacts, 0.48 acre of temporary wetland impacts, and 0.02 acre of wetland bore impacts, all for the purpose of conveying Marcellus Shale natural gas to market.
E0829-087: Appalachia Midstream, LLC, 100 IST Center, Horseheads, NY 14845, Overton Township, Bradford County, ACOE Baltimore District.
To construct, operate and maintain:
1. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 10,844 square feet of a Palustrine Emergent and Palustrine Scrub-Shrub Wetland (EV) (Colley, PA Quadrangle, Latitude: 41°33`54", Longitude: -76°20`12");
2. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 24 linear feet of an unnamed tributary to North Branch Mehoopany Creek (CWF, MF) and impacting 3,110 square feet of an adjacent Palustrine Emergent Wetland (EV) (Colley, PA Quadrangle, Latitude: 41°33`55", Longitude: -76°20`18");
3. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 1,073 square feet of a Palustrine Emergent Wetland (EV) (Colley, PA Quadrangle, Latitude: 41°33`55", Longitude: -76°20`33");
4. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 1,420 square feet of a Palustrine Emergent Wetland (EV) (Colley, PA Quadrangle, Latitude: 41°33`57", Longitude: -76°20`45");
The project will result in 24 linear feet or 172 square feet of temporary stream impacts and impacts 16,447 square feet (0.38 acre) of temporary PEM and PSS wetland impacts all for the purpose of installing a natural gas pipeline with associated access roadways for Marcellus shale development in Wilmot Township, Bradford County.
E5829-066: Franklin, Great Bend, and New Milford Townships, Angelina Gathering Company, LLC, 2350 North Sam Houston Parkway E, Suite125, Houston, TX 77032; Franklin, Great Bend, and New Milford Townships, Susquehanna County, ACOE Baltimore District.
To construct, operate, and maintain:
(1) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 71 linear feet of Dubois Creek (CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 55` 07" Lat., W -75° 46` 06" Long.),
(2) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 39 linear feet of an unnamed tributary to Dubois Creek (CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 55` 07" Lat., W -75° 46` 07" Long.),
(3) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 40,075 square feet (0.92 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 55` 01" Lat., W -75° 46` 20" Long.),
(4) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 9,785 square feet (0.22 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54' 51'' Lat., W -75° 46' 21'' Long.),
(5) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 1,101 square feet (0.03 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54` 51" Lat., W -75° 46` 21" Long.),
(6) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 83 linear feet of an unnamed tributary to Dubois Creek (CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 54` 50" Lat., W -75° 46` 21" Long.),
(7) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 2,298 square feet (0.05 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54` 26" Lat., W -75° 46` 24" Long.),
(8) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 69 linear feet of an unnamed tributary to Dubois Creek (CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 54` 24" Lat., W -75° 46` 24" Long.),
(9) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 78 linear feet of an unnamed tributary to Dubois Creek (CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 54` 22" Lat., W -75° 46` 25" Long.),
(10) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 502 square feet (0.01 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54` 22" Lat., W -75° 46` 25" Long.),
(11) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 1,452 square feet (0.03 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54` 13" Lat., W -75° 46` 32" Long.),
(12) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 71 linear feet of an unnamed tributary to Dubois Creek (CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 54` 11" Lat., W -75° 46` 32" Long.),
(13) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 982 square feet (0.02 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54` 10" Lat., W -75° 46` 36" Long.),
(14) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 1,985 square feet (0.05 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54` 09" Lat., W -75° 46` 36" Long.),
(15) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 725 square feet (0.02 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 54` 09" Lat., W -75° 46` 41" Long.),
(16) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 70 linear feet of an unnamed tributary to Dubois Creek (CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 54` 08" Lat., W -75° 46` 36" Long.),
(17) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 20,453 square feet (0.47 acre) of PFO wetlands (Franklin Forks, PA Quadrangle; N 41° 53` 50" Lat., W -75° 46` 35" Long.),
(18) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 1,946 square feet (0.04 acre) of PEM wetlands (Franklin Forks, PA Quadrangle; N 41° 53` 44" Lat., W -75° 46` 34" Long.),
(19) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber bridge crossing impacting 8 linear feet of an unnamed tributary to Beaver Creek (HQ, CWF-MF) (Franklin Forks, PA Quadrangle; N 41° 53` 40" Lat., W -75° 46` 334" Long.),
(20) two 12-inch diameter natural gas pipeline, a 16-inch HDPE waterline, and temporary timber mat crossing impacting 5,663 square feet (0.13 acre) of PFO wetlands (Franklin Forks, PA Quadrangle; N 41° 53` 40" Lat., W -75° 46` 35" Long.).
The project consists of constructing approximately 2.8 miles of dual 12" natural gas gathering lines at a depth of 4' and a 16" waterline at a depth of 5`, within a maintained 50 foot permanent right of way located in Franklin, Great Bend, and New Milford Townships, Susquehanna County. The project will result in 489 lineal feet of temporary stream impacts, 1.39 acre of temporary wetland impacts, and 0.60 acre of permanent wetland conversion impacts, all for the purpose of conveying Marcellus Shale natural gas to market.
ENVIRONMENTAL ASSESSMENT Cambria District: Contact Person: Patrick M. Webb, 286 Industrial Pk Rd, Ebensburg, PA 15931-4119.
EA1109-005. Pennsylvania Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, Cambria Office, 286 Industrial Park Rd., Ebensburg, PA 15931. Abandoned Mine Land Reclamation Project, in Croyle and East Taylor Townships and Ehrenfeld Borough, Cambria County, Pittsburgh ACOE District.
The applicant proposes to backfill an abandoned surface mine, which includes a total of 17,200 linear feet of dangerous highwall. The project will also include the backfilling of 0.66 acre of PEM wetlands that have developed within the open surface mine pits of which 0.43 acre will require mitigation. A 0.43 acre replacement wetland will be constructed with the project. (Geistown Quadrangle 40° 22` 25" N, 78° 48` 54" W).
DAM SAFETY Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, Floor 3, 400 Market Street, P. O. Box 8460, Harrisburg, PA 17105-8460
D15-125. Hershey Mill Dam, East Goshen Township, 1580 Paoli Pike, West Chester, PA 19380. To modify, operate, and maintain Hershey Mill Dam across Ridley Creek (HQ-TSF, MF), impacting 0 acre of wetlands (PEM) with no proposed impacts to the stream channel, for the purpose of rehabilitating the dam by constructing a new spillway. (Malvern, PA Quadrangle Latitude: 40.0132, Longitude: -75.5573) in East Goshen Township, Chester County.
D67-545. Forest Lakes Water Association, Inc. (649 Well Drive, New Freedom, PA 17349). To modify, operate and maintain Forest Lakes No. 2 Dam across a tributary to Deer Creek (CWF-MF) for the purpose of constructing a new spillway structure in order to pass the required 50-year design storm. (New Freedom, PA Quadrangle N: 21.55 inches; W: 12.1 inches) in Shrewsbury Township, York 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.
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Nathan Crawford, Section Chief, 717.705.4802
ESCGP
No.Applicant Name &
AddressCounty Municipality Receiving
Water/UseESCGP222138011 Texas Eastern Team 2014
890 Winter Street, Suite 300
Waltham, MA 02451
Dauphin Middle Paxton and West Hanover Townships Stony Creek/CWF and Fishing Creek/WWF Northcentral Region: Waterways & Wetlands Program Manager, 208 W Third Street, Williamsport, Pa 17701
ESCP 2 # ESG 00059140002 Applicant Name Dominion Transmission Inc Contact Person Leslie Hartz Address 500 Dominion Blvd City, State, Zip Glen Allen, VA 23060 County Tioga Township(s) Gaines & Clymer Receiving Stream(s) and Classification(s) Baker Branch (EV); UNT's to Baker Branch (EV);UNT's to Bend Gully Run (CWF); Shin Hollow (HQ), Pine Creek (EV), Whitney Hollow (HQ), Lick Run (HQ) & UNT's to Lick Run (HQ). Southwest Region: Waterways & Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745.
ESCGP-2
No.Applicant Name &
AddressCounty Municipality Receiving
Water/UseESG00059140003 Equitrans, LP
625 Liberty Avenue
Pittsburgh, PA 15222
Greene Washington Township UNT to Garners Run (HQ-WWF) and Garners Run (HQ-WWF) ESG00059140004 Dominion Transmission, Inc.
5000 Dominion Blvd
Glen Allen, PA 23060
Greene Franklin & Richhill Townships Purman Run (WWF) and Poland Run (TSF) 0063138007-2 Columbia Gas Transmission, LLC.
Washington and Greene
Franklin, Washington, and Amwell Townships
Redd Run (WWF), Little Ten Mile Run (WWF), Horne Run (WWF), Bane Creek (WWF), Ten Mile Creek (TSF), Ten Mile Creek (WWF), Ruff Creek (WWF), Wallers Run (WWF), South Fork Ten Mile Creek (HQ-WWF), Wisecarver Run (HQ-WWF), Mud Lick Run (HQ-WWF), Browns Creek (HQ-WWF)
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335
ESCGP-2 #ESG14-019-0041—West Pad 55
Applicant PennEnergy Resources LLC
Contact Robert Crissinger
Address 1000 Commerce Drive, Park Place One, Suite 100
City Pittsburgh State PA Zip Code 15275
County Butler Township(s) Jefferson(s)
Receiving Stream(s) and Classification(s) Sarver Run, HQ, TSFESCGP-2 #ESX14-019-0034—Bell Properties Wells Lat-
eral Line
Applicant Markwest Liberty Bluestone, LLC.
Contact Richard Lowry
Address 4600 J. Barry Court, Suite 500
City Canonsburg State PA Zip Code 15317
County Butler Township(s) Jackson(s)
Receiving Stream(s) and Classification(s) UNT to Glade Run/UNT to Likens Run, Glade Run (WWF)ESCGP-2 #ESG14-083-0007—Clermont 24 inch Mainline Extension
Applicant NFG Midstream Clermont LLC
Contact Duane Wassum
Address 6363 Main St.
City Williamsville State NY Zip Code 14221
County McKean Township(s) Sergeant
Receiving Stream(s) and Classification(s) East Branch Clarion River; Trib (HQ-CWF) 50853 to East Branch Clarion River (HQ-CWF); Warner Brook (HQ-CWF)/
East Branch Clarion River & Warner Brook WatershedsESCGP-2 #ESG14-083-0006-CRV Pad C08-J Pad
Applicant Seneca Resources Corporation
Contact Doug Kepler
Address 5800 Corporate Drive, Suite 300
City Pittsburgh State PA Zip Code 15237
County McKean Township(s) Norwich(s)
Receiving Stream(s) and Classification(s) Murdock Branch & (1) UNT to same, and Rocky Run/Potato-
Oswago Creeks; Elk Fork/Sinnemahoning Creek.ESCGP-2 #ESG14-019-0039—Landgraf A B Well Pad
Applicant XTO Energy, Inc.
Contact Melissa Breitenbach
Address 502 Keystone Drive
City Warrendale State PA Zip Code 15086-7537
County Butler Township(s) Donegal(s)
Receiving Stream(s) and Classification(s) UNT Little Buf-
falo Run (HQ-CWF),
Secondary Receiving Water Buffalo Creek (HQ-TSF)ESCGP-2 #ESG14-047-0008—Pad F10-F
Applicant Seneca Resources Corp
Contact Michael Clinger
Address 51 Zents Blvd
City Brookville State PA Zip Code 15825
County Elk Township(s) City of St. Mary's and Jones(s)
Receiving Stream(s) and Classification(s) Long Branch (HQ-CWF/EV); UNT to Crooked Creek (HQ-CWF/HQ-
CWF)
SPECIAL NOTICE
Water Quality Certification under Section 401 of the Federal Clean Water Act for the Extended Power Uprate (EPU) for Exelon Generation Company, LLC (Exelon) Peach Bottom Atomic Power Station (PBAPS); DEP File No. EA 67-024; NRC Doc. ID- NRC-2013-0232 On July 23, 2014 the Commonwealth of Pennsylvania (Commonwealth) Department of Environmental Protection (Department, DEP or PADEP), issued Section 401 Water Quality Certification to Exelon for the PBAPS EPU project. The PADEP certifies 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, 1317 and 1326) and appropriate requirements of state law. The Department further certifies 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 of this certification, including the criteria and conditions of the following conditions and 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 (35 P. S. §§ 691.1—691.1001), 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 Pennsylvania Fish and Boat Commission (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''). Such payments shall be made for the duration of the operation of PBAPS as an electric generation facility, unless otherwise modified and approved in writing by PADEP in accordance with paragraph 5.d., below.
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 the Department of Environmental Protection, Southcentral Regional Office, Waterways and Wetlands Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200.
11. Reservation of Rights—PADEP may suspend or revoke this Certification if it determines that 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.
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.
[Pa.B. Doc. No. 14-1634. Filed for public inspection August 1, 2014, 9:00 a.m.]
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