[44 Pa.B. 6235]
[Saturday, October 4, 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
02141301 (formerly 02891701) and NPDES No. PA0215571. Consol Mining Company LLC, CNX Center, (1000 Consol Energy Drive, Canonsburg, PA 15317). To transfer the permit and related NPDES permit for the Harmar Mine in Harmar and Indiana Townships, Allegheny 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 September 17, 2014.
65091301 and NPDES No. PA0235873. C&D Coal Company, LLC, (200 Chestnut Ridge Rd., Latrobe, PA 15650). To revise the permit for the Kingston-West Mine in Derry Township, Westmoreland County to add acreage to the subsidence control plan permit area. Subsidence Control Plan Acres Proposed 372.4. No additional discharges. The application was considered administratively complete on August 5, 2014. Application received May 15, 2014. Permit issued September 17, 2014.
32961302 and NPDES No. PA0214949. AMFIRE Mining Company, LLC, (One Energy Place, Latrobe, PA 15650). To revise the permit for the Ondo Mine in Brush Valley Township, Indiana County and related NPDES permit to install two boreholes. Surface Acres Proposed 6.5. No additional discharges. The application was considered administratively complete on April 15, 2014. Application received January 23, 2014. Permit issued September 17, 2014.
32141301 (formerly 32101701) and NPDES No. PA0235890. Consol Mining Company LLC, CNX Center, (1000 Consol Energy Drive, Canonsburg, PA 15317). To transfer the permit and related NPDES permit for the O'Donnell No. 4/Manor No. 8 Treatment Systems in Washington Township, Indiana 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 September 18, 2014.
32841321 and NPDES No. PA0006874. Consol Mining Company LLC, CNX Center, (1000 Consol Energy Drive, Canonsburg, PA 15317). To transfer the permit and related NPDES permit for the O'Donnell No. 3 Mine in Plumcreek Township, Armstrong County and Washington Township, Indiana 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 September 18, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. PA0224138GP104, General NPDES Stormwater Permit for stormwater discharges associated with mining activities in West Brunswick Township, Schuylkill County, receiving stream: Schuylkill River. Application received: June 19, 2014. Permit issued: September 18, 2014.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
24980105 and NPDES Permit No. PA0227871. Tamburlin Brothers Coal Co., Inc. (P. O. Box 1419, Clearfield, PA 16830) Renewal of an existing bituminous surface and auger mine and associated NPDES permit in Horton Township, Elk County, affecting 139.0 acres. Receiving streams: Karns Run, Johnson Run, and unnamed tributary to Brandy Camp Creek. Application received: March 28, 2014. Permit Issued: September 11, 2014.
Noncoal Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 58122512. J & E Flagstone, (2512 Whitney Road, Laceyville, PA 18623), commencement, operation and restoration of a General Permit for Bluestone (GP105) in Choconut Township, Susquehanna County affecting 9.4 acres, receiving stream: Choconut Creek. Application received: August 6, 2012. Permit issued: September 17, 2014.
Permit No. 58122512GP104. J & E Flagstone, (2512 Whitney Road, Laceyville, PA 18623), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58122512 in Choconut Township, Susquehanna County, receiving stream: Choconut Creek. Application received: August 6, 2012. Permit issued: September 17, 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
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 23144105. Brubacher Excavating, Inc., (P. O. Box 528, Bowmansville, PA 17507), construction blasting for Somerset Terrazza Newtown Township, Delaware County with an expiration date of September 12, 2015. Permit issued: September 17, 2014.
Permit No. 36144150. Maine Drilling & Blasting, Inc., (P. O. Box 1140, Gardiner, ME 04345), construction blasting for Mt. Joy Country Homes in Mt. Joy Borough, Lancaster County with an expiration date of September 10, 2015. Permit issued: September 17, 2014.
Permit No. 36144151. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Harold Weaver Dwelling in Rapho Township, Lancaster County with an expiration date of October 30, 2014. Permit issued: September 17, 2014.
Permit No. 38141412. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Jerry Musser Manure Pit in Heidelberg Township, Lebanon County with an expiration date of October 30, 2014. Permit issued: September 17, 2014.
Permit No. 46144110. Rock Work, Inc., (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Red Fox Farm in Whitpain Township, Montgomery County with an expiration date of September 10, 2015. Permit issued: September 17, 2014.
Permit No. 67144114. M & J Explosives, Inc., (P. O. Box 608, Carlisle, PA 17013), construction blasting at the West Manchester Mall in West Manchester Township, York County with an expiration date of September 11, 2015. Permit issued: September 17, 2014.
Permit No. 67144115. Maine Drilling & Blasting, Inc., (P. O. Box 1140, Gardiner, ME 04345), construction blasting at the West Manchester Mall in West Manchester Township, York County with an expiration date of September 11, 2015. Permit issued: September 17, 2014.
MINING ACTIVITY NPDES DRAFT PERMITS This notice provides information about applications for a new, amended or renewed NPDES permits associated with mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).
The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative determination to issue the NPDES permit in conjunction with the associated mining activity permit.
Effluent Limits for Coal Mining Activities
For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).
The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as follows:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (Total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (Total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 Alkalinity greater than acidity* * The parameter is applicable at all times. In addition, the Department imposes a technology-based aluminum limit of 2.0 mg/l (30 day average) to protect stream uses.
A settleable solids instantaneous maximum limit of 0.5 ml/l applies to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.
Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.
Effluent Limits for Noncoal Mining Activities
The BAT limits for noncoal mining activities as provided in 40 CFR Part 436 and 25 Pa. Code Chapter 77 are as follows:
30-day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 35 mg/l 70 mg/l 90 mg/l Alkalinity exceeding acidity* pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times. Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description specifies the parameters.
In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated pollutants from being discharged into surface waters in this Commonwealth.
More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may occur are incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).
The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 362-0600-001, NPDES Program Implementation—Memorandum of Understanding (MOU) Concerning Water Quality Management, NPDES Program Implementation, and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.
Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges associated with underground mining are noted in the permit description.
Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the address of the district mining office indicated before each draft permit within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.
The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92a.82(d). The request or petition for a public hearing shall be filed within 30 days of this public notice and contain the name, address, telephone number and the interest of the party filing the request, and state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. When a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.
Coal NPDES Draft Permits
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
NPDES No. PA0269387 (Mining Permit No. 11130101), Laurel Sand & Stone, Inc., 210 East Main Street, P. O. Box 556, Ligonier, PA 15658-0558, new NPDES permit for surface mine in Elder and Susquehanna Townships, Cambria County, affecting 382 acres. Receiving streams: Little Brubaker Run to Brubaker Run, classified for the following use: cold water fishery. This receiving stream is included in the Chest Creek sediment TMDL. Application received: March 20, 2014.
The outfall listed below discharges to Little Brubaker Run:
Outfall Nos. New Outfall (Y/N) 001 (TP-1) Y 002 (TP-2) Y 003 (TP-3) Y 004 (TP-4) Y 005 (SP-1) Y 006 (SP-2) Y 007 (SP-3) Y 008 (SP-4) Y 009 (SP-5) Y 010 (7-4) Y The proposed effluent limits for the above listed outfalls are as follows:
Outfalls: 001, 002, 003, 004, 005, 006, 007, 008, 009 & 010 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Manganese (mg/l) 1.9 3.8 4.75 Aluminum (mg/l) 1.3 2.6 3.25 Total Suspended Solids (mg/l) 25.7 51.4 66.1 Osmotic Pressure (milliosmoles/kg) 50.0 50.0 50.0 pH (S.U.): Must be between 6.0 and 10.0 standard units at all times Alkalinity must exceed acidity at all times
Outfalls: 005, 006, 007, 008, 009
(>10yr/24hr precip. Event)30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) N/A N/A 7.0 pH (S.U.): Must be between 6.0 and 10.0 standard units at all times Alkalinity must exceed acidity at all times
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 District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA 17701
E5829-073: Harmony and Thompson Townships; Bluestone Pipeline Company of Pennsylvania, LLC; 1429 Oliver Road, New Milford, Pennsylvania 18834; Harmony and Thompson Townships, Susquehanna County; ACOE Baltimore District.
To construct, operate, and maintain:
1) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 41 lineal feet of unnamed tributaries to Wildcat Run (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 55` 20", W -75° 31` 08");
2) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 36 lineal feet of unnamed tributaries to Wildcat Run (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 55` 14", W -75° 31` 17");
3) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 43 lineal feet of unnamed tributaries to Wildcat Run (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 55` 06", W -75° 31` 22");
4) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 48 lineal feet of the East Branch Canawacta Creek (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 54` 30", W -75° 32` 18");
5) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 55 lineal feet of unnamed tributaries to South Branch Canawacta Creek (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 54` 21", W -75° 32` 39");
6) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 65 lineal feet of unnamed tributaries to South Branch Canawacta Creek (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 54` 17", W -75° 33` 03");
7) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 52 lineal feet of the South Branch Canawacta Creek (CWF, MF) (Susque-hanna, PA Quadrangle, N 41° 54` 22", W -75° 33` 30");
8) a 24 inch diameter natural gas pipeline and temporary timber bridge crossing impacting 50 lineal feet of unnamed tributaries to South Branch Canawacta Creek (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 54` 22", W -75° 33` 30");
9) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 67 lineal feet of unnamed tributaries to South Branch Canawacta Creek (CWF, MF) (Susquehanna, PA Quadrangle, N 41° 54` 07", W -75° 33` 46");
10) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 828 square feet (0.02 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 55` 20", W -75° 31` 08");
11) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 2,047 square feet (0.05 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 55` 20", W -75° 31` 08");
12) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 3,180 square feet (0.07 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 55` 16", W -75° 31` 14");
13) a temporary timber mat crossing impacting 44 square feet (0.01 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 55` 15", W -75° 31` 17");
14) a 24 inch diameter natural gas pipeline impacting 306 square feet (0.01 acre) of PFO wetlands (Susquehanna, PA Quadrangle, N 41° 54` 39", W -75° 31` 53");
15) a temporary timber mat crossing impacting 2,811 square feet (0.06 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 39", W -75° 31` 53");
16) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 8,102 square feet (0.19 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 30", W -75° 32` 16");
17) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 915 square feet (0.02 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 30", W -75° 32` 19");
18) a 24 inch diameter natural gas pipeline impacting 697 square feet (0.02 acre) of PEM wetlands (Susque-hanna, PA Quadrangle, N 41° 54` 17", W -75° 33` 02");
19) a temporary timber mat crossing impacting 87 square feet (0.01 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 22", W -75° 33` 30");
20) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 479 square feet (0.01 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 22", W -75° 33` 30");
21) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 523 square feet (0.01 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 21", W -75° 33` 30");
22) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 2,134 square feet (0.05 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 20", W -75° 33` 40");
23) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 348 square feet (0.01 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 14", W -75° 33` 43");
24) a 24 inch diameter natural gas pipeline and temporary timber mat crossing impacting 871 square feet (0.02 acre) of PEM wetlands (Susquehanna, PA Quadrangle, N 41° 54` 12", W -75° 33` 44");
25) a 24 inch diameter natural gas pipeline impacting 131 square feet (0.01 acre) of PEM wetlands (Susque-hanna, PA Quadrangle, N 41° 54` 07", W -75° 33` 47").
The Bluestone Loop Pipeline construction consists of approximately 18,480 feet (3.5 miles) of 24" steel natural gas gathering line located in Harmony and Thompson Township, Susquehanna County. The project will result in 477 lineal feet of temporary stream impacts and 23,503 square feet (0.54 acre) of temporary wetland impacts all for the purpose of development and conveyance of Marcellus Shale natural gas.
E5829-077: Springville Township, Williams Field Services Company, LLC; Park Place Corporate Center 2, 2000 Commerce Park Drive, Pittsburgh, PA 15275; Springville Township, Susquehanna County, ACOE Baltimore District.
To construct, operate, and maintain:
1) a 24-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 153 lineal feet of unnamed tributary to Monroe Creek (CWF-MF) (Hop Bottom, PA Quadrangle; N 41° 39` 33" Lat., W -75° 52` 23" Long.),
2) a temporary timber mat crossing impacting 786 square feet of floodway to an unnamed tributary of Monroe Creek (CWF-MF) (Hop Bottom, PA Quadrangle; N 41° 39` 33" Lat., W -75° 52` 23" Long.),
3) a 24-inch diameter natural gas pipeline and temporary timber mat crossing impacting 5,674 square feet (0.13 acre) of a PEM wetland (Hop Bottom, PA Quadrangle; N 41° 39` 33" Lat., W -75° 52 23" Long.),
4) a temporary timber mat crossing impacting 91 square feet of floodway to an unnamed tributary of Monroe Creek (CWF-MF) (Hop Bottom, PA Quadrangle; N 41° 39` 36" Lat., W -75° 52` 24" Long.),
5) a temporary timber mat crossing impacting 2,919 square feet of floodway to an unnamed tributary of Monroe Creek (CWF-MF) (Hop Bottom, PA Quadrangle; N 41° 39` 40" Lat., W -75° 52` 24" Long.),
6) a temporary timber mat crossing impacting 665 square feet (0.02 acre) of a PEM wetland (Hop Bottom, PA Quadrangle; N 41° 39` 44" Lat., W -75° 52` 21" Long.),
7) a 24-inch diameter natural gas pipeline and temporary timber bridge crossing impacting 137 lineal feet of Pond Brook (CWF-MF) (Springville, PA Quadrangle; N 41° 40` 02" Lat., W -75° 52` 33" Long.),
8) a temporary timber bridge crossing impacting 10 lineal feet of an unnamed tributary of Pond Brook (CWF-MF) (Springville, PA Quadrangle; N 41° 40` 14" Lat., W -75° 52` 35" Long.),
9) a 24-inch diameter natural gas pipeline and temporary timber mat crossing impacting 24,460 square feet (0.56 acre) of a PEM wetland (Springville, PA Quadrangle; N 41° 39` 33" Lat., W -75° 52` 23" Long.),
10) a 24-inch diameter natural gas pipeline and temporary timber mat crossing impacting 4,171 square feet (0.10 acre) of a PEM wetland (Springville, PA Quadrangle; N 41° 40` 46" Lat., W -75° 52` 40" Long.),
11) a temporary timber mat crossing impacting 791 square feet (0.02 acre) of a PEM wetland (Springville, PA Quadrangle; N 41° 40` 46" Lat., W -75° 52` 37" Long.).
The project consists of constructing approximately 10,560 lineal feet (2 miles) of 24" natural gas gathering line, located in Springville Township, Susquehanna County. The project will result in 300 lineal feet of temporary stream impacts, 37,061 square feet of floodway impacts, and 35,761 square feet (0.82 acre) of temporary wetland impacts; all for the purpose of conveying Marcellus Shale natural gas to market.
E0829-092: Appalachia Midstream, LLC, 100 IST Center, Horseheads, NY 14845, Canton 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 151 linear feet of Towanda Creek (TSF, MF) and impacting 4,145 square feet of an adjacent Palustrine Emergent Wetland (Canton, PA Quadrangle, Latitude: 41°39`26", Longitude: -76°48`48");
2. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 84 linear feet of an unnamed tributary to Towanda Creek (CWF, MF) (Canton, PA Quadrangle, Latitude: 41°39`24", Longitude: -76°48` 53");
3. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 81 linear feet of an unnamed tributary to Towanda Creek (CWF, MF) (Canton, PA Quadrangle, Latitude: 41°39`27", Longitude: -76°49` 11");
4. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 1,392 square feet of a Palustrine Emergent Wetland (Canton, PA Quadrangle, Latitude: 41°39`23", Longitude: -76°49`28");
5. a 6 inch diameter natural gas line impacting10 linear feet of an unnamed tributary to Towanda Creek (CWF, MF) and impacting 2 square feet of an adjacent Palustrine Emergent Wetland (Canton, PA Quadrangle, Latitude: 41°39`21", Longitude: -76°49`30");
6. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 16,452 square feet of a Palustrine Emergent and Palustrine Scrub-Shrub Wetland (Canton, PA Quadrangle, Latitude: 41°39`17", Longitude: -76°49`30");
7. a 6 inch diameter natural gas line and a temporary timber mat bridge impacting 54 linear feet of an unnamed tributary to Towanda Creek (CWF, MF) (Canton, PA Quadrangle, Latitude: 41°38`47", Longitude: -76°49` 41");
8. a temporary timber mat bridge impacting 270 square feet of a Palustrine Scrub-Shrub Wetland (Canton, PA Quadrangle, Latitude: 41°38`46", Longitude: -76°49` 45").
The project will result in 380 linear feet or 6,903 square feet of temporary stream impacts and 22,261 square feet (0.51 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 Canton Township, Bradford County.
E0829-097: Appalachia Midstream, LLC, 100 IST Center, Horseheads, NY 14845, Troy and West Burlington Township, Bradford County, ACOE Baltimore District.
To construct, operate and maintain:
1. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 923 square feet of a Palustrine Emergent Wetland (East Troy, PA Quadrangle, Latitude: 41°47`07", Longitude: -76°41`41");
2. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 4,577 square feet of a Palustrine Emergent Wetland (East Troy, PA Quadrangle, Latitude: 41°47`07", Longitude: -76°42`24");
3. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting150 linear feet of an unnamed tributary to Sugar Creek (TSF, MF) and impacting 3,574 square feet of an adjacent Palustrine Emergent and Palustrine Forested Wetland (East Troy, PA Quadrangle, Latitude: 41°47`36", Longitude: -76°48`48");
4. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 80 linear feet of an unnamed tributary to Sugar Creek (TSF, MF) (East Troy, PA Quadrangle, Latitude: 41°47`30", Longitude: -76°42`51");
5. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 80 linear feet of an unnamed tributary to Sugar Creek (TSF, MF) (East Troy, PA Quadrangle, Latitude: 41°47`20", Longitude: -76°42`50");
6. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 80 linear feet of an unnamed tributary to Sugar Creek (TSF, MF) (East Troy, PA Quadrangle, Latitude: 41°47`15", Longitude: -76°43`06");
7. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 8 linear feet of an unnamed tributary to Sugar Creek (TSF, MF) and impacting 2,992 square feet of an adjacent Palustrine Emergent and Palustrine Scrub-Shrub Wetland (East Troy, PA Quadrangle, Latitude: 41°47`15", Longitude: -76°43`20");
8. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 80 linear feet of an unnamed tributary to Leonard Creek (TSF, MF) (East Troy, PA Quadrangle, Latitude: 41°46`55", Longitude: -76°43` 54");
9. a temporary access road impacting 10,202 square feet of an unnamed tributary to Leonard Creek (TSF, MF) floodway (East Troy, PA Quadrangle, Latitude: 41°46`43", Longitude: -76°44`01");
10. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 161 linear feet of Leonard Creek (TSF, MF) (East Troy, PA Quadrangle, Latitude: 41°46`49", Longitude: -76°44`13").
The project will result in 639 linear feet or 8,187 square feet of temporary stream impacts and 10,008 square feet (0.23 acre) of temporary PEM and PSS wetland impacts and 2,058 square feet (0.05 acre) of permanent PFO wetland impacts all for the purpose of installing a natural gas pipeline with associated access roadways for Marcellus shale development in Troy and West Burlington, Bradford County.
ENVIRONMENTAL ASSESSMENTS Northeast Region: Waterways and Wetlands Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790
Water Quality Certification under Section 401 of the Federal Clean Water Act for the Constitution Pipeline Project
Natural Gas Pipeline and Compressor Station Project and Related Mitigation
FERC Docket NO. CP13-499-000
PADEP File No. EA 58-002 NE On September 5, 2014, the DEP issued Section 401 Water Quality Certification to Constitution Pipeline Company, LLC for the Constitution Pipeline project. The Pennsylvania Department of Environmental Protection (PADEP) 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). The PADEP further certifies that the construction, operation and maintenance of the projects complies with Commonwealth water quality standards and that the construction, operation and maintenance of the projects does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the projects complies with the conditions for this certification, including the criteria and conditions of the following permits:
1. Discharge Permit—Constitution Pipeline Company shall obtain and comply with a PADEP National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline 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—Constitution Pipeline Company shall obtain and comply with PADEP's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued 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).
3. Water Obstruction and Encroachment Permits—Constitution Pipeline Company shall obtain and comply with a PADEP Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and 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. 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 Constitution Pipeline Company.
5. Operation—For each Project under this certification, Constitution Pipeline Company shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this Certification and all required permits. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Constitution Pipeline Company.
6. Inspection—The Projects, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of PADEP to determine compliance with this Certification, including all required permits required, and Pennsylvania's Water Quality Standards. A copy of this Certification shall be available for inspection by the PADEP during such inspections of the Projects.
7. Transfer of Projects—If Constitution Pipeline Company intends to transfer any legal or equitable interest in the Projects which is affected by this Certification, Constitution Pipeline Company 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.
8. Correspondence—All correspondence with and submittals to PADEP concerning this Certification shall be addressed to Department of Environmental Protection, Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915.
9. Reservation of Rights—PADEP may suspend or revoke this Certification if it determines that Constitution Pipeline Company has not complied with the terms and conditions of this Certification. PADEP may require additional measures to achieve compliance with applicable law, subject to Constitution Pipeline Company's applicable procedural and substantive rights.
10. Other Laws—Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve Constitution Pipeline Company from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
11. 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.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA 17701
EA4129-001: XTO Energy, Inc., 395 Airport Road, Indiana, PA 15701, Shrewsbury Township, Lycoming County, ACOE Baltimore District.
To restore the site to pre-developed conditions by removing a gravel access drive and cross culvert located within 3,738 square feet of palustrine emergent (PEM) wetland. 563 linear feet of new access drive will be installed around the impacted wetland to allow for upland passage for the land owner. The wetland restoration includes the removal of fill as well as filling an erosional channel created by the culvert and the construction of an additional 5,500 square feet of wetland creation to mitigate the previous impacts. (Picture Rocks, PA Quadrangle 41°18`57"N, 76°43`14"W).
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, PA16335
ESCGP-2 #ESX14-019-0037—Geyer to Kennedy Pipeline
Project
Applicant MarkWest Liberty Bluestone, LLC
Contact Rick Lowry
Address 4600 J. Barry Court, Suite 500
City Canonsburg State PA Zip Code 15317
County Butler Township(s) Middlesex(s)
Receiving Stream(s) and Classification(s) Unnamed tribu-
taries to Glade Run (28173), Glade Run (28173) and
Unnamed tributaries to Glade Run (26915) and Glade
Run (26915) WWF. Connoquenessing CreekEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701
ESCGP-2 # ESG29-113-14-0013
Applicant Name Appalachia Midstream Services, LLC
Contact Person Randy DeLaune
Address 100 IST Center
City, State, Zip Horseheads, NY 14845
County Sullivan County
Township(s) Fox Township
Receiving Stream(s) and Classification(s) UNT to Schrader Creek (EV/Wild Trout); Hoagland Branch (EV,
Class A Wild Trout);
Secondary: Schrader Creek (EV, Wild Trout); Elk Creek
(EV)ESCGP-2 # ESX29-115-14-0067
Applicant Name Southwestern Energy Production Com-
pany
Contact Person Dave Sweeley
Address 917 State Route 92 North
City, State, Zip Tunkhannock, PA 18657
County Susquehanna County
Township(s) Oakland Township
Receiving Stream(s) and Classification(s) Hilborn Creek
(CWF/MF), UNT to North Branch Susquehanna River
(CWF/MF)ESCGP-2 # ESX29-115-14-0076
Applicant Name Southwestern Energy Production Com-
pany
Contact Person Dave Sweeley
Address 917 State Route 92 North
City, State, Zip Tunkhannock, PA 18657
County Susquehanna County
Township(s) Oakland Township
Receiving Stream(s) and Classification(s) Hilborn Creek
(CWF/MF), UNT to North Branch Susquehanna River
(CWF/MF)ESCGP-2 # ESG29-081-14-0030
Applicant Name NFG Midstream Clermont, LLC
Contact Person Duane Wassum
Address 1100 State Street
City, State, Zip Erie PA 14221
County Lycoming County
Township(s) Lewis and Gamble Townships
Receiving Stream(s) and Classification(s) UNT to Lycom-
ing Creek/Antes-Lycoming Creeks, Mill Creek and an
UNT to same/Loyalsock Creek (TSF/MF);
Secondary: Lycoming Creek and Loyalsock CreekESCGP-2 # ESX29-117-14-0012
Applicant Name Talisman Energy USA, Inc.
Contact Person Ben Younkin
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Tioga County
Township(s) Jackson Township
Receiving Stream(s) and Classification(s) UNTs Ham-
mond Creek #30951 (CWF/MF) and UNTs to Mutton
Lane Creek #31172 (WWF/MF);
Secondary: Tioga River, Chemung RiverESCGP-2 # ESX29-115-14-0077
Applicant Name Regency Marcellus Gas Gathering, LLC
Contact Person Kevin Roberts
Address 101 West Third Street
City, State, Zip Williamsport, PA 17701
County Susquehanna County
Township(s) Springville Township
Receiving Stream(s) and Classification(s) White Creek
(CWF/MF) and UNT to Meshoppen Creek (CWF/MF)ESCGP-2 # ESG29-081-14-0032
Applicant Name Regency Marcellus Gas Gathering, LLC
Contact Person Kevin Roberts
Address 101 West Third Street
City, State, Zip Williamsport, PA 17701
County Lycoming County
Township(s) Lewis Township
Receiving Stream(s) and Classification(s) UNT Trout Run
(HQ/CWF), UNTs to Wolf Run (HQ/CWF), Steam Valley
Run (HQ/CWF);
Secondary: Lycoming Creek (EV)ESCGP-2 # ESX29-115-14-0080
Applicant Name Cabot Oil & Gas Corporation
Contact Person Kenneth Marcum
Address Five Penn Center West, Suite 401
City, State, Zip Pittsburgh, PA 15276
County Susquehanna County
Township(s) Auburn and Dimock Townships
Receiving Stream(s) and Classification(s) UNTs to White
Creek (CWF/MF), UNT to Riley Creek (CWFMF) and
West Creek (CWF/MF)ESCGP-2 # ESX11-115-14-0110 (01)
Applicant Name Cabot Oil & Gas Corporation
Contact Person Kenneth Marcum
Address Five Penn Center West, Suite 401
City, State, Zip Pittsburgh, PA 15276
County Susquehanna County
Township(s) Lenox Township
Receiving Stream(s) and Classification(s) Millard Creek
(CWF/MF)ESCGP-2 # ESX29-115-14-0079
Applicant Name Cabot Oil & Gas Corporation
Contact Person Kenneth Marcum
Address Five Penn Center West, Suite 401
City, State, Zip Pittsburgh, PA 15276
County Susquehanna County
Township(s) Rush Township
Receiving Stream(s) and Classification(s) Terry Creek
(WWF/MF)ESCGP-2 # ESX29-115-14-0071
Applicant Name Williams Field Services, LLC
Contact Person Sandra Lojek
Address Park Place Corporate Center 2, 2000 Commerce
Drive
City, State, Zip Pittsburgh, PA 15275
County Susquehanna County
Township(s) Lathrop Township
Receiving Stream(s) and Classification(s) UNTs to Mar-
tins Creek (CWF/MF), Horton Creek (CWF/MF) and
UNTs theretoSouthwest Region: Oil & Gas Program Mgr. 400 Waterfront Dr. Pittsburgh PA
ESCGP-2 No: ESX14-125-0031
Applicant Name: Range Resources Appalachia LLC
Contact Person Mr Glenn D Truzzi
Address: 3000 Town Center Boulevard
City: Canonsburg State: PA Zip Code: 15317
County: Washington
Township: Robinson
Receiving Stream (s) and Classifications: North Branch
Robinson Run / Chartiers Creek Watershed; Other
WWF; Siltation-ImpairedESCGP-2 No.: ESX14-125-0027
Applicant Name: Range Resources Appalachia LLC
Contact Person: Ms Laura M Rusmisel
Address: 3000 Town Center Boulevard
City: Canonsburg
State: PA Zip Code: 15317
County: Washington
Township(s): Robinson
Receiving Stream(s) and Classifications: Little Raccoon
Run / Raccoon Creek Watershed; Other WWFESCGP-2 No.: ESX13-005-0007
Applicant Name: PennEnergy Resources LLC
Contact Person: Mr Robert Crissinger
Address: 1000 Commerce Drive Park Place One Suite 100
City: Pittsburgh State: PA Zip Code: 15275
County: Armstrong
Township(s): West Franklin
Receiving Stream(s) and Classifications: UNT to Buffalo
Creek / Buffalo Creek; HQ; Other HQ-TSFESCGP-2 No.: ESX14-125-0026
Applicant Name: Cone Gathering LLC
Contact Person: Renee Thomas
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Washington
Township(s): East Finley & South Franklin
Receiving Stream(s) and Classifications: UNTs to Tenmile
Creek (TSF) Tenmile Creek (TSF) Templeton Fork
(WWF); Other Warm Water Fishery, Trout Stocked
Fisheries (TSF)ESCGP-2 No.: ESG14-125-0017 Major Revision
Applicant Name: MarkWest Liberty Midstream &
Resources LLC
Contact Person: Mr Rick Lowry
Address: 4600 J Barry Court Suite 500
City: Canonsburg State: PA Zip Code: 15317
COUNTY Washington
Township(s): Amwell, North Franklin
Receiving Stream(s) and Classifications: UNTs to Reser-
voir #3, UNTs to Little Tenmile Creek; HQ; Other TSFESCGP-2 No.: ESX09-059-0006 Renewal
Applicant Name: EQT Production Company
Contact Person: Mr Todd Klaner
Address: 455 Racetrack Road
City: Washington State: PA Zip Code: 15301
County: Greene
Township(s): Morris
Receiving Stream(s) and Classifications: UNTs to Browns
Creek; HQ; Other WWF
[Pa.B. Doc. No. 14-2066. Filed for public inspection October 3, 2014, 9:00 a.m.]
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