[45 Pa.B. 21]
[Saturday, January 3, 2015]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P. S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1002).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100
11040701 and NPDES No. PA0235717. AMFIRE Mining Company, LLC, (One Energy Place, Latrobe, PA 15650). To renew the permit for the Refuse Area No. 1 in Portage Township, Cambria County and related NPDES permit. No additional discharge. The application was considered administratively complete on February 12, 2013. Application received: September 14, 2012. Permit issued: December 10, 2014.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931-4119, 814-472-1900
Permit No. 56080109 and NPDES No. PA0262706. PBS Coals, Inc., P.O. Box 260, Friedens, PA 15541, commencement, operation and restoration of a bituminous surface and auger mine to change the land use from Woodland to Cropland/land occasionally cut for hay in Somerset Township, Somerset County, affecting 320.7 acres. Receiving streams: unnamed tributaries to Wells Creek to Stonycreek classified for the following use: cold water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: June 2, 2014. Permit issued: December 10, 2014.
Permit No. 56080109 and NPDES No. PA0262706. PBS Coals, Inc., P.O. Box 260, Friedens, PA 15541, permit renewal for the continued operation and restoration of a bituminous surface and auger mine in Somerset Township, Somerset County, affecting 320.7 acres. Receiving streams: unnamed tributaries to Wells Creek to Stonycreek classified for the following use: cold water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: June 4, 2014. Permit issued: December 10, 2014.
Permit No. 56090109 and NPDES No. PA0262838. Wilson Creek Energy, LLC, 609 Georgian Place, Somerset, PA 15501, commencement, operation and restoration of a bituminous surface and auger mine to change the land use from woodland to unmanaged natural habitat in Lincoln Township, Somerset County, affecting 30.4 acres. Receiving stream: unnamed tributaries to Quemahoning Creek classified for the following use: cold water fishery. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority. Application received: August 20, 2014. Permit issued: December 10, 2014.
Knox District Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
16140108. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127) Commencement, operation and restoration of a bituminous surface mine in Elk Township, Clarion County affecting 14.8 acres. Receiving streams: Little Deer Creek and Little Paint Creek. Application received: September 12, 2014. Permit Issued: December 12, 2014.
16140108-GP-104. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 16140108 in Elk Township, Clarion County. Receiving streams: Little Deer Creek and Little Paint Creek. Application received: September 12, 2014. Permit Issued: December 12, 2014.
10130103 and NPDES Permit No. PA0259497. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127) Commencement, operation and restoration of a bituminous surface mine and associated NPDES permit in Clay Township, Butler County, affecting 44.0 acres. Receiving streams: Muddy Creek. Application received: June 27, 2014. Permit Issued: December 16, 2014.
10813005 and NPDES Permit No. PA0615218. Magnum Minerals, Inc. d/b/a Lucas Coal Company (c/o Three Rivers Management, Inc., Manor Oak One, Suite 200, Pittsburgh, PA 15220) Revision to an existing bituminous surface and tipple refuse disposal permit and associated NPDES permit to revise the pH limit to 10.0 on Pond A to adequately treat for manganese in Washington Township, Butler County. Receiving streams: Unnamed tributary to Slippery Rock Creek. Application received: June 20, 2014. Permit Issued: December 16, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17120104 and NPDES PA 0269531. AMFIRE Mining Company, LLC (One Energy Place Latrobe, PA 15650). Commencement, operation, and restoration of a bituminous surface and auger mine located in Cooper Township, Clearfield County affecting 584.9 acres. Receiving streams: Weber Run classified as CWF and MF to Moshannon Creek classified as TSF and MF; Unnamed Tributaries A, B, C, and D to Moshannon Creek classified for CWF and MF. There are no potable water supply intakes within 10 miles downstream. Application received: October 4, 2012. Permit issued: December 12, 2014.
17803108 and NPDES PA 0127906. Sky Haven Coal, Inc. (5510 State Park Road, Penfield, PA 15849). Permit renewal for reclamation only of an existing bituminous surface mine located in Lawrence Township, Clearfield County affecting 55.0 acres. Receiving stream(s): Unnamed Tributary to Montgomery Creek and Montgomery Creek classified for the following use(s): CWF and MF. There are no potable water supply intakes within 10 miles downstream. Application received: August 12, 2014. Permit issued: December 11, 2014.
17030113 and NPDES PA 0243591. Rob Holland Enterprises (52 Holland Lane, Curwensville, PA 16833). Permit renewal of an existing bituminous surface mine located in Lawrence Township, Clearfield County affecting 47.9 acres. Receiving stream(s): Unnamed Tributary to Montgomery Creek classified as the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: August 6, 2014. Permit issued: December 11, 2014.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500
63080101 and NPDES Permit No. PA0251381. S & K Energy, Inc. (5945 Pudding Stone Lane, Bethel Park, PA 15102). Permit renewal issued for continued mining and reclamation to an existing bituminous surface mine, located in Smith Township, Washington County, affecting 124 acres. Receiving streams: unnamed tributaries to Raccoon Creek and Little Raccoon Run. Renewal application received: September 11, 2013. Permit issued: December 12, 2014.
02020201 and NPDES Permit No. PA0250121. Robindale Energy Services, Inc. (224 Grange Hall Road, P.O. Box 228, Armagh, PA 15920). Permit renewal issued for continued mining and reclamation to an existing coal refuse reprocessing surface mine, located in Plum Borough, Allegheny County, affecting 172 acres. Receiving stream: Little Plum Creek. Renewal application received: August 20, 2012. Permit issued: December 12, 2014.
Pottsville District Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2522, 570-621-3118
Permit No. 54070101T. Premium Fine Coal, Inc., (PO Box 268, Tamaqua, PA 18252), transfer of an existing anthracite surface mine operation in Blythe Township, Schuylkill County affecting 121.6 acres, receiving streams: Silver Creek, Schuylkill River and unnamed tributaries to Schuylkill River. Application received: January 24, 2011. Transfer issued: December 15, 2014.
Permit No. 54070101R. Premium Fine Coal, Inc., (PO Box 268, Tamaqua, PA 18252), renewal of an existing anthracite surface mine operation in Blythe Township, Schuylkill County affecting 121.6 acres, receiving streams: Silver Creek, Schuylkill River and unnamed tributaries to Schuylkill River. Application received: October 4, 2011. Transfer issued: December 15, 2014.
Permit No. Premium Fine Coal, Inc., (PO Box 268, Tamaqua, PA 18252), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54070101 in Blythe Township, Schuylkill County, receiving stream: Silver Creek, Schuylkill River and unnamed tributaries to Schuylkill River. Application received: January 24, 2014. Permit issued: December 15, 2014.
Permit No. 40120101. Northampton Fuel Supply Co., Inc., (1 Horwith Drive, Northampton, PA 18067), commencement, operation and restoration of an anthracite surface mine, coal refuse reprocessing and refuse disposal operation in Foster & Hazle Townships and Jeddo Borough, Luzerne County affecting 1,013.0 acres, receiving stream: Black Creek. Application received: January 19, 2012. Permit issued: December 16, 2014.
Permit No. 40120101GP104. Northampton Fuel Supply Co., Inc., (1 Horwith Drive, Northampton, PA 18067), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 40120101 in Foster & Hazle Townships and Jeddo Borough, Luzerne County, receiving stream: Black Creek. Application received: January 19, 2012. Permit issued: December 16, 2014.
Permit No. 40-305-009GP12. Northampton Fuel Supply Co., Inc., (1 Horwith Drive, Northampton, PA 18067), general operating permit to operate a coal preparation plant on Surface Mining Permit No. 40120101 in Foster & Hazle Township and Jeddo Borough, Luzerne County. Application received: January 19, 2012. Permit issued: December 16, 2014.
Permit No. 54920202R3. DiRenzo Coal Company, (1389 Bunting Street, Pottsville, PA 17901), renewal of an existing anthracite coal refuse reprocessing and refuse disposal operation in Branch Township, Schuylkill County affecting 18.9 acres, receiving stream: West Branch Schuylkill River. Application received: May 30, 2012. Renewal issued: December 16, 2014.
Permit No. 54920202GP104. DiRenzo Coal Company, (1389 Bunting Street, Pottsville, PA 17901), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54920202 in Branch Township, Schuylkill County, receiving stream: West Branch Schuylkill River. Application received: November 21, 2014. Permit issued: December 16, 2014.
Permit No. 54880203R5. Rausch Creek Land, LP, (978 Gap Street, Valley View, PA 17983), renewal for reclamation activities only in Tremont Township, Schuylkill County affecting 15.8 acres, receiving stream: Swatara Creek. Application received: July 9, 2014. Renewal issued: December 16, 2014.
Permit No. 54880203GP104. General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54880203 in Tremont Township, Schuylkill County, receiving stream: Swatara Creek. Application received: July 9, 2014. Permit issued: December 16, 2014.
Noncoal Permits Issued
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
53140803. Gary L. Reese (156 Cherry Springs Road, Coudersport, PA 16915). Commencement, operation, and restoration of an existing small noncoal operation (bluestone) in Sweden Township, Potter County affecting 3.0 acres. This is a downgrade from 10,000 tons per year to 2,000 tons per year. Receiving stream(s): Mill Creek to Allegany River. Application received: November 20, 2014. Permit issued: December 12, 2014.
Pottsville District Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2522, 570-621-3118
Permit No. 58110303. Rock Ridge Stone, Inc., (631 SR 1039, Montrose, PA 18801), commencement, operation and restoration of a quarry operation in Forest Lake Township, Susquehanna County affecting 102.87 acres, receiving stream: Middle Branch Wyalusing Creek. Application received: June 8, 2011. Permit issued: December 12, 2014.
Permit No. 58110303GP104. Rock Ridge Stone, Inc., (631 SR 1039, Montrose, PA 18801), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58110301 in Forest Lake Township, Susquehanna County, receiving stream: Middle Branch Wyalusing Creek. Application received: June 8, 2011. Permit issued: December 12, 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
Knox District Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
42144004. Minard Run Oil Company (609 South Avenue, P.O. Box 18, Bradford, PA 16701-3977) Blasting activity permit for stone removal of Oil & Gas well pad in Foster Township, McKean County. This blasting activity permit expires on July 31, 2015. Permit Issued: December 16, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
41144105. Midstream Explosives LLC (289 Southside Drive, Newville, PA 17241). Blasting for construction of pipeline located in Upper Fairfield Township, Lycoming County with an expiration date of December 10, 2015. Permit issued: December 15, 2014.
Pottsville District Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2522, 570-621-3118
Permit No. 06144118. Schlouch, Inc., (P.O. Box 69, Blandon, PA 19510), construction blasting for Woods Edge in Amity Township, Berks County with an expiration date of December 8, 2015. Permit issued: December 11, 2014.
Permit No. 40144115. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Centerpoint East and West in Jenkins and Pittston Townships, Luzerne County with an expiration date of December 31, 2015. Permit issued: December 11, 2014.
Permit No. 15144112. Brubacher Excavating, Inc., (P.O. Box 528, Bowmansville, PA 17507), construction blasting for Bright Glad Farms in West Bradford Township, Chester County with an expiration date of December 8, 2015. Permit issued: December 16, 2014.
Permit No. 40144116. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for Center Point in Pittston and Jenkins Townships, Luzerne County with an expiration date December 31, 2015. Permit issued: December 16, 2014.
Permit No. 58144185. Meshoppen Blasting, Inc., (P.O. Box 127, Meshoppen, PA 18630), construction blasting for Cabot Colwell A Well Pad and Access Road in Jackson Township, Susquehanna County with an expiration date of December 8, 2015. Permit issued: December 16, 2014.
Permit No. 58144186. DW Drilling & Blasting, (9990 Coconut Road, Bonita Springs, FL 34135), construction blasting for Powers 1 Gas Pad and Access Road in Forest Lake Township, Susquehanna County with an expiration date of December 8, 2014. Permit issued: December 16, 2014.
Permit No. 58144187. John H. Brainard, (3978 SR 2073, Kingsley, PA 18826), construction blasting for Powers 1 Gas Pad and Access Road in Forest Lake Township, Susquehanna County with an expiration date of April 30, 2015. Permit issued: December 16, 2014.
Permit No. 40144001. Controlled Demolition, Inc., (2737 Merrymans Mill Road, Phoenix, MD 31131), demolition the Interstate Distribution Silos in Pittston Township, Luzerne County with an expiration date of December 30, 2014. Permit issued: December 18, 2014.
MINING ACTIVITY NPDES PERMIT NOTICE OF SETTLEMENT
Notice of Settlement of NPDES Permit Appeal pursuant to 25 Pa. Code § 92a.88 California District Office: 25 Technology Drive, Coal Center, PA 15423, 724.769.1100.
Rosebud Mining Company (Coral Graceton Mine) v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Docket No. 2013-181-L (Consolidated at EHB Docket No. 2013-042-B) The above matter involved the appeal of the National Pollutant Discharge Elimination System Permit No. PA0235946 (''NPDES Permit''), which was incorporated into the revised Bituminous Coal Mining Activity Permit No. 32081301 (''Coal Mining Permit), both of which were issued to Rosebud on September 13, 2013, authorizing operations at the new Coral Graceton Mine in Center Township, Indiana County. The NPDES Permit authorized treated mining discharges and the discharge of treated wastewater from mine drainage treatment facilities at Outfalls 001, 002 and 003 to a UNT to Two Lick Creek. The effluent limitations in the NPDES Permit are subject to the Kiski-Connemaugh Total Maximum Daily Load report developed by the United States Environmental Protection Agency (''US EPA'').
The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by an October 15, 2014 Consent Order and Agreement entered into by the Department and Rosebud. In its appeal, Rosebud challenged, inter alia, water quality based effluent limitations for iron, manganese, aluminum and osmotic pressure The major provisions of the settlement require Rosebud to accept all of the originally imposed water quality based effluent limitations for iron, manganese and aluminum and osmotic pressure but with a correction to two of the three effluent limitations for manganese. The monthly average concentration limitation for manganese will remain at 1.0 milligram per liter (''mg/l''). The maximum daily concentration limitation for manganese will be revised to 2.0 mgs/l and the instantaneous maximum concentration limitation for manganese will be revised to 2.5 mgs/l in the next draft Amended NPDES Permit. Rosebud agreed not to challenge a final Amended NPDES Permit containing these effluent limitations. The draft Amended NPDES Permit is still subject to comment from the United States Environmental Protection Agency and the public prior to final issuance.
Copies of the full agreement are in the possession of Charney Regenstein, Assistant Counsel, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and Gregg M. Rosen, Esquire, McGuireWoods LLP, EQT Plaza, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222-3142, (412) 667-7934 and may be reviewed by an interested person on request during normal business hours.
Any person believing himself aggrieved by the above Consent Order and Agreement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, Pennsylvania 17105-8457. Appeals must be filed within thirty (30) days of this publication.
If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1-800-654-5984.
Rosebud Mining Company (Coal Refuse Disposal No. 2) v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Docket No. 2013-056-B (Consolidated at EHB Docket No. 2013-042-B) The above matter involved the appeal of the National Pollutant Discharge Elimination System Permit No. PA0214558 (''NPDES Permit''), which was incorporated into the revised Coal Refuse Disposal Permit No. 03870701 (''CRDP''), both of which were issued to Rosebud on April 9, 2013, authorizing operations at the Coal Refuse Disposal Area #2, located in Plumcreek Township, Armstrong County. The NPDES Permit authorized the discharge of treated wastewater from mine drainage treatment facilities at Outfalls 001 and 002 to Dutch Run.
The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by an October 15, 2014 Consent Order and Agreement entered into by the Department and Rosebud. In its appeal, Rosebud challenged, inter alia, effluent limitations for iron, manganese and aluminum. During the pendency of the appeal, the Department reviewed the assumptions used in developing the effluent limitations and obtained new data. In addition, the permittee informed the Department it planned to reduce its discharge flow by 50%. Based on this new information, the Department calculated the following draft effluent limitations for both Outfalls 001 and 002. Specifically, for iron, the monthly average concentration limitation will be 1.6 milligram per liter (''mg/l''), the daily maximum concentration limitation will be 3.2 mgs/l and the instantaneous maximum concentration limitation will be 4.0 mgs/l. For manganese, the monthly average concentration limitation will be 1.0 mg/l, the daily maximum concentration limitation will be 2.0 mgs/l and the instantaneous maximum concentration limitation will be 2.5 mgs/l. For aluminum, the maximum daily concentration limitation at 0.75 mg/l is the same limitation that was contained in the initially issued NPDES Permit. The monthly average concentration limitation will be 0.75 mg/l, and the instantaneous maximum concentration will be 0.75 mg/l. For osmotic pressure, the monthly average concentration limitation will be 53 milliosmoles per kilogram (''mos/kg''), the daily maximum concentration limitation will be 106 mos/kg, and the instantaneous maximum concentration limitation will be 132 mos/kg.
Rosebud agreed not to challenge a final Amended NPDES Permit containing these effluent limitations. The draft NPDES Permit, is still subject to comment from the United States Environmental Protection Agency and the public prior to final issuance.
Copies of the full agreement are in the possession of Charney Regenstein, Assistant Counsel, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and Gregg M. Rosen, Esquire, McGuireWoods LLP, EQT Plaza, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222-3142, 412-667-7934 and may be reviewed by an interested person on request during normal business hours.
Any person believing himself aggrieved by the above Consent Order and Agreement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, Pennsylvania 17105-8457. Appeals must be filed within thirty (30) days of this publication.
If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1-800-654-5984.
Rosebud Mining Company (Mine 78 Coal Refuse Disposal Area (''CRDA'')) v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Docket No. 2013-102-B (Consolidated at No. 2013-042-B) The above matter involved the appeal of National Pollutant Discharge Elimination System Permit No. PA0235695 (''NPDES Permit''), which was incorporated into the renewed Coal Refuse Disposal Permit No. 56743705 (''CRDP''), both of which were issued to Rosebud on June 13, 2013, authorizing operations at Mine 78 CRDA in Paint Township, Somerset County, Pennsylvania. Mine 78 CRDA is adjacent to Mine 78, an existing underground bituminous coal mine where coal is produced from the Upper Kittanning seam of coal. The NPDES Permit for Mine 78 CRDA authorized the discharge of treated wastewater as follows: Outfall 001 from Treatment Pond 2 consists of coal refuse leachate and stormwater runoff in contact with coal refuse which discharges to an unnamed tributary (''UNT'') to Paint Creek; and Outfall 002 from Sediment Pond 1 consists of stormwater which discharges to a UNT to Paint Creek. Discharges from Outfalls 001 and 002 eventually flow to the Conemaugh River.
The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by an October 15, 2014 Consent Order and Agreement (''2014 COA'') entered into by the Department and Rosebud. Under the 2014 COA the Department will publish a draft Amended NPDES Permit in the Pennsylvania Bulletin. The draft Amended NPDES Permit maintains water quality based effluent limitations (''WQBELs'') for discharges from Outfalls 001 and 002 to surface waters of the Commonwealth.
By way of background, the Kiski-Conemaugh watershed is impaired for acid mine drainage (''AMD''), specifically for iron, manganese and aluminum. The United States Environmental Protection Agency (''EPA'') has developed a total maximum daily load (''TMDL'') plan for the watershed in which this facility is located. The Berwind Mine Pool is a vast abandoned mine pool that is located, in part, beneath Mine 78 and Mine 78 CRDA. Discharges from the abandoned Berwind Mine Pool, through an abandoned elevator shaft known as the St. Michael Shaft contributed almost 30% of the total AMD load to the Little Conemaugh River. In a 2012 Consent Order and Agreement entered into by the Department, Rosebud and the St. Michael's Land Company (''2012 COA''), Rosebud agreed to pump and treat the Berwind Mine pool to technology-based effluent limitations (''TBELs'') to prevent the discharge of AMD from the abandoned St. Michael Shaft and several other abandoned seeps of AMD.
Under the provisions of the 2012 COA, Rosebud is still required to meet WQBELs, at Outfall 005, but is authorized to use offsets to achieve those effluent limitations. Rosebud has constructed and operated, at its own expense, the St. Michael's treatment facility (''St. Michael's Facility'') to treat the pumped mine pool. Since 2012, Rosebud has reduced the iron load to the receiving stream by approximately 98%, the manganese by approximately 74% and the aluminum by approximately 74%. Rosebud is obligated to treat the abandoned discharge so long as it operates Mine 78. Rosebud is also obligated to pay $15,000,000 into a trust to provide financial resources to the Department toward the operation and maintenance of the treatment facility after Rosebud ends its mining operations. As a result of Rosebud's efforts, the environmental quality of the Little Conemaugh River watershed has dramatically improved. Under the terms of the 2012 COA and a prior NPDES Permit issued to Rosebud, Rosebud uses these iron load reductions at Mine 78 as an offset to achieve TMDL-driven WQBELs at Outfall 005. The use of offsets was reviewed and approved by EPA and is consistent with the loadings for AMD parameters set forth in the Kiski-Conemaugh TMDL.
The 2014 COA does not amend the 2012 COA. The 2014 COA allows Rosebud to apply to the Department for a formal permit revision for its water handling plan of the Mine 78 CRDA Coal Mining Permit (''Formal Permit Revision''). If the Department determines the Formal Permit Revision meets all applicable laws, the Department will issue a revised Mine 78 CRDA Coal Mining Permit authorizing a discharge from Outfall 001 at the Mine 78 CRDA to the Berwind Mine Pool for treatment at the St. Michael's Facility. Prior to discharging, Rosebud will treat the effluent from Outfall 001 to the mine pool to the same quality as it treats the discharge from the St. Michael's Facility. Due to the vast size of the Berwind Mine Pool, this discharge from Outfall 001 will not increase the rate or quantity of the discharge currently permitted from the St. Michael's Facility. Because the ultimate discharge to surface water from Outfall 005 is controlled by the St. Michael's Facility and because Rosebud is treating effluent from its Outfall 001 to the same quality it treats the effluent at the St. Michael's Facility, the concentrations of iron, manganese and aluminum discharged from the St. Michael's Facility will not increase as a result of the discharge from Outfall 001 to the mine pool. Rosebud still must achieve offsets to demonstrate compliance with the WQBELs at Outfall 005, Mine 78, the outfall designated for the discharge of the treated mine pool. Routing the treated discharge to the Berwind Mine Pool, if and when subsequently approved by the Department, will be limited to the duration of underground mining and shall cease upon completion of mining at Mine 78.
In the 2014 COA, Rosebud agrees not to challenge the effluent limitations of the Draft Amended NPDES Permit should it be issued in final by the Department. In the interim, Rosebud agrees to abide by the terms and conditions of its existing NPDES Permit.
Copies of the full agreement may be reviewed by an interested person on request during normal business hours. Copies are in the possession of Charney Regenstein, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and Gregg M. Rosen, Esquire, McGuireWoods LLP, Dominion Tower, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222-3142, (412) 667-6000 and may be reviewed by an interested person on request during normal business hours.
Any person believing himself aggrieved by the above Consent Order and Agreement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, Pennsylvania 17105-8457 Appeals must be filed within thirty (30) days of this publication.
If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1-800-654-5984.
Rosebud Mining Company (Mine 78) v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Docket No. 2013-065-B (Consolidated at No. 2013-042-B) The above matter involved the appeal of National Pollutant Discharge Elimination System Permit No. PA0033677 (''NPDES Permit''), which was incorporated into revised Bituminous Coal Mining Activity Permit No. 56841328 (''Coal Mining Permit), both of which were issued to Rosebud on April 26, 2013, authorizing operations at the Mine 78 in Adams and Richland Townships, Cambria County, and Paint Township, Somerset County, Pennsylvania. Mine 78 is an existing underground bituminous coal mine where coal is produced from the Upper Kittanning seam of coal. The NPDES Permit authorized the discharge of treated wastewater from mine drainage treatment facilities at Mine 78's Outfalls 001, 002, 003, 004 and 005 to surface waters in the Kiski-Conemaugh River watershed.
The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by an October 15, 2014 Consent Order and Agreement (''2014 COA'') entered into by the Department and Rosebud. Under the 2014 COA the Department will publish a draft Amended NPDES Permit in the Pennsylvania Bulletin. The draft Amended NPDES Permit maintains water quality based effluent limitations (''WQBELs'') for discharges from Outfalls 001—005, inclusive, to surface waters of the Commonwealth. Under the provisions of a prior Consent Order and agreement entered into by Department, Rosebud and the St. Michael Land Company, Inc. on December 5, 2012 (''2012 COA'') and a prior NPDES Permit issued on the same date, Rosebud is authorized to use offsets to achieve the effluent limitations at Outfall 005.
By way of background, the Kiski-Conemaugh watershed is impaired for acid mine drainage (''AMD''), specifically for iron, manganese and aluminum. The United States Environmental Protection Agency (''EPA'') has developed a total maximum daily load (''TMDL'') plan for the watershed in which this facility is located. The Berwind Mine Pool is a vast abandoned mine pool that is located, in part, beneath Mine 78. Discharges from the abandoned Berwind Mine Pool, through an abandoned elevator shaft known as the St. Michael Shaft contributed almost 30% of the total AMD load to the Little Conemaugh River. In the 2012 COA, Rosebud agreed to pump and treat the Berwind Mine pool to technology-based effluent limitations (''TBELs'') to prevent the discharge of AMD from the abandoned St. Michael Shaft and several other abandoned seeps of AMD. Since the entry of the 2012 COA, Rosebud has constructed and operated, at its own expense, the St. Michael's treatment facility (''St Michael's Facility'') to treat the pumped mine pool. Since 2012, Rosebud has reduced the iron load to the receiving stream by approximately 98%, the manganese by approximately 74% and the aluminum by approximately 74%. Rosebud is obligated to treat the abandoned discharge so long as it operates Mine 78. Rosebud is also obligated to pay $15,000,000 into a trust to provide financial resources to the Department toward the operation and maintenance of the treatment facility after Rosebud ends its mining operations. As a result of Rosebud's efforts, the environmental quality of the Little Conemaugh River watershed has dramatically improved. Under the terms of the 2012 COA and a prior NPDES Permit issued to Rosebud, Rosebud uses these reductions as an offset to achieve TMDL-driven WQBELs at Outfall 005. The use of offsets was reviewed and approved by EPA and is consistent with the loadings for AMD parameters set forth in the Kiski-Conemaugh TMDL.
The 2014 COA does not amend the 2012 COA. The 2014 COA allows Rosebud to apply to the Department for a formal permit revision for its water handling plan of the Mine 78 Coal Mining Permit (''Formal Permit Revision''). If the Department determines the Formal Permit Revision meets all applicable laws, the Department will issue a revised Mine 78 Coal Mining Permit authorizing a discharge from Outfall 001 to the Berwind Mine Pool for treatment at the St. Michael's Facility. Prior to discharging, Rosebud will treat the effluent from Outfall 001 to the mine pool to the same quality as it treats the discharge from the St. Michael's Facility. Due to the vast size of the Berwind Mine Pool, this discharge from Outfall 001 will not increase the rate or quantity of the discharge currently permitted from the St. Michael's Facility. Because the ultimate discharge to surface water from Outfall 005 is controlled by the St. Michael's Facility and because Rosebud is treating effluent from its Outfall 001 to the same quality it treats effluent at the St. Michael Facility, the concentrations of iron, manganese and aluminum discharged from the St. Michael's Facility will not increase as a result of the discharge from Outfall 001 to the mine pool. Rosebud still must achieve offsets to demonstrate compliance with the WQBELs at Outfall 005, the outfall designated for the discharge of the treated mine pool. Routing the treated discharge to the Berwind Mine Pool, if and when approved by the Department, will be limited to the duration of underground mining and shall cease upon completion of mining.
In the 2014 COA, Rosebud agrees not to challenge the effluent limitations of the Draft Amended NPDES Permit should it be issued in final by the Department. In the interim, Rosebud agrees to abide by the terms and conditions of its existing NPDES Permit.
Copies of the full agreement may be reviewed by an interested person on request during normal business hours. Copies are in the possession of Charney Regenstein, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and Gregg M. Rosen, Esquire, McGuireWoods LLP, Dominion Tower, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222-3142, (412) 667-6000 and may be reviewed by an interested person on request during normal business hours.
Any person believing himself aggrieved by the above Consent Order and Agreement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, Pennsylvania 17105-8457 Appeals must be filed within thirty (30) days of this publication.
If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1-800-654-5984.
Rosebud Mining Company (Solar No. 7 Mine) v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Docket No. 2013-042-B (Consolidated) The above matter involved the appeal of the National Pollutant Discharge Elimination System Permit No. PA0110914 (''NPDES Permit''), which was incorporated into the revised Bituminous Coal Mining Activity Permit No. 56841310 (''Coal Mining Permit), both of which were issued to Rosebud on March 11, 2013, authorizing operations at the Solar No. 7 Mine in Quemahoning Township, Somerset County. The NPDES Permit authorized a treated post-mining discharge and the discharge of treated wastewater from mine drainage treatment facilities at Outfall 001 to Higgins Run. The effluent limitations in the NPDES Permit are subject to the Kiski-Conneamaugh Total Maximum Daily Load report developed by the United States Environmental Protection Agency, (''US EPA'').
The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by an October 15, 2014 Consent Order and Agreement entered into by the Department and Rosebud. In its appeal Rosebud challenged, inter alia, water quality based effluent limitations for iron, manganese, aluminum, total dissolved solids (''TDS''), sulfates and osmotic pressure (''OP''). The water quality based effluent limitations for iron and manganese were initially established at less than applicable water quality criteria. The major provisions of the settlement require Rosebud to accept the originally imposed effluent limitations for TDS and OP. For amended effluent limitations for iron, manganese and aluminum, the Department will publish an Amended NPDES Permit. Specifically, for iron, the monthly average concentration limitation will be 1.5 milligrams per liter (''mg/l''), the daily maximum concentration limitation will be 3.0 mg/l and the instantaneous maximum concentration limitation will be 3.8 mg/l. For manganese, the monthly average concentration limitation will be 1.0 mg/l, the daily maximum concentration limitation will be 2.0 mg/l and the instantaneous maximum concentration limitation will be 2.5 mg/l. For aluminum, two of the three effluent limitations were revised from the original permit. The monthly average concentration limitation for aluminum will be 0.75 mg/l, the daily maximum concentration limitation will remain 0.75 mg/l and the instantaneous maximum concentration limitation will be 0.75 mg/l. Rosebud agreed not to challenge a final Amended NPDES Permit containing these effluent limitations. The draft Amended NPDES Permit is still subject to comment from the US EPA and the public prior to final issuance.
Copies of the full agreement are in the possession of Charney Regenstein, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and Gregg M. Rosen, Esquire, McGuireWoods LLP, EQT Plaza, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222-3142, (412) 667-7934 and may be reviewed by an interested person on request during normal business hours.
Any person believing himself aggrieved by the above Consent Order and Agreement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, Pennsylvania 17105-8457. Appeals must be filed within thirty (30) days of this publication.
If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1-800-654-5984.
Rosebud Mining Company (Stonycreek Mine) v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Docket No. 2013-046-B (Consolidated at EHB Docket No. 2013-042-B) The above matter involved the appeal of the National Pollutant Discharge Elimination System Permit No. PA0235865 (''NPDES Permit''), which was incorporated into the revised Bituminous Coal Mining Activity Permit No. 56091301 (''Coal Mining Permit), both of which were issued to Rosebud on March 22, 2013, authorizing operations at the new Stonycreek Mine in Quemahoning Township, Somerset County. The NPDES Permit authorized the discharge of treated wastewater from mine drainage treatment facilities via Outfalls 001 to a UNT of Beaverdam Creek; Outfalls 002, 003, 005 and 006 to Beaverdam Creek; and Outfall 004 to the unnamed tributary to the Stonycreek River. The above listed streams all eventually flow to the Conemaugh River. The effluent limitations in the NPDES Permit are subject to the Kiski-Connemaugh Total Maximum Daily Load report developed by the United States Environmental Protection Agency (''USEPA'').
The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by an October 15, 2014 Consent Order and Agreement entered into by the Department and Rosebud. In its appeal, Rosebud challenged, inter alia, water quality based effluent limitations for iron, manganese, aluminum and osmotic pressure. The major provisions of the settlement require Rosebud to accept the originally imposed effluent limitations for iron, manganese and total suspended solids. For aluminum, the Department will publish an Amended NPDES Permit that maintains the maximum daily average concentration limitation of 0.75 milligrams per liter (''mg/l''). The monthly average concentration and instantaneous maximum limitations for aluminum will also be established at 0.75 mg/l. For Osmotic Pressure the originally issued NPDES Permit contained effluent limitations at Outfalls 002 and 004. During the pendency of the appeal, the Department conducted additional site-specific studies. As a result of those studies the proposed Amended NPDES Draft Permit will not contain numerical effluent limitations for osmotic pressure at these outfalls. The company will, however, monitor and report the concentration of osmotic pressure at every outfall. Rosebud agreed not to challenge a final Amended NPDES Permit containing these effluent limitations. The draft Amended NPDES Permit is still subject to comment from the USEPA the public prior to final issuance.
Copies of the full agreement are in the possession of Charney Regenstein, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and Gregg M. Rosen, Esquire, McGuireWoods LLP, EQT Plaza, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222-3142, (412) 667-7934 and may be reviewed by an interested person on request during normal business hours.
Any person believing himself aggrieved by the above Consent Order and Agreement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, Pennsylvania 17105-8457. Appeals must be filed within thirty (30) days of this publication.
If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1-800-654-5984.
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 Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E67-906: Pennsylvania Turnpike Commission, PO Box 67676, Harrisburg, PA 17106-7676 in Fairview Township, York County, U.S. Army Corps of Engineers, Baltimore District
To:
1. remove the existing structure and install and maintain a 130.0-foot long, 24.0-inch reinforced concrete pipe (RCP) culvert and to fill and relocate and maintain 540.3 feet of an unnamed tributary to Yellow Breeches Creek (CWF, MF);
2. remove the existing structure and construct and maintain a 280.0 foot long and a 70 foot long 8.0-foot X 16.0-foot reinforced concrete box culvert in an unnamed tributary to Yellow Breeches Creek (CWF, MF) with a 56.3 foot channel relocation;
3. construct and maintain a stormwater basin impacting 577.0 feet of an unnamed tributary to Yellow Breeches Creek (CWF, MF);
4. extend and maintain an existing 397.0-foot long 48.0-inch RCP culvert in kind by 77.3 feet at the upstream end and to relocate and maintain 297.9 feet of an unnamed tributary to Marsh Run (WWF, MF);
5. extend and maintain an existing 112.0-foot long 48.0-inch RCP culvert in kind by 12.0 feet at the upstream end and 26.0 feet at the downstream end with a rock apron extending 17.0 feet downstream and to relocated and maintain 66.0 feet of an unnamed tributary to Marsh Run (WWF, MF), permanently impacting 0.03 acre of PEM/PSS wetland;
6. extend and maintain an existing 164.0-foot long 36.0-inch corrugated metal pipe (CMP) culvert in kind by 19.0 feet at the upstream end and by 42.0 feet at the downstream end with a rock apron extending 14.0 feet downstream and to relocate and maintain 66.0 feet of an unnamed tributary to Marsh Run (WWF, MF), temporarily impacting 0.1 acre of PEM/PSS wetland and permanently impacting 0.07 acre of PEM/PSS wetland;
7. remove the existing structures an install and maintain a 166.0-foot, 48.0-inch RCP culvert, a 36.0-foot, 48-inch RCP culvert, and relocate and maintain 18.0 linear feet of channel in an unnamed tributary to Marsh Run (WWF, MF);
8. extend and maintain an existing 158.0-foot long, 48-inch RCP culvert in kind by 74.0 feet-at the upstream end and by 84.0-feet at the downstream end and to relocate and maintain 25.7 foot and 30.0 foot stretches of stream in an unnamed tributary to March Run (WWF, MF);
9. extend and maintain an existing 109.0-foot long 5.0-foot X 10.0-foot box culvert in kind by 16.0 feet at the upstream end with rock aprons extending 31.8 feet upstream and 29.1 feet downstream and by 17.0 feet at the downstream end in an unnamed tributary to March Run (WWF, MF);
10. extend and maintain an existing 100.0-foot long, 54.0-inch RCP culvert in kind by 41.0 feet at the upstream end and by 33.0 feet at the downstream end with a rock energy dissipater extending 24.6 feet downstream and to relocate 33.9 linear feet of stream channel in an unnamed tributary to March Run (WWF, MF);
11. extend and maintain an existing 150.0-foot long, 42.0-inch RCP culvert in kind by 35.0 feet at the upstream end and by 13.0 feet at the downstream end, and to relocate 13.4 foot and 100.6 foot sections of stream channel in an unnamed tributary to Marsh Run (WWF, MF);
12. extend and maintain an existing 196.0-foot long, 30.0-inch RCP culvert in kind by 25.0 feet at the upstream end and by 20.0 feet at the downstream end and to relocate 98.1 and 30.0 foot sections of stream channel in an unnamed tributary to March Run (WWF, MF);
13. remove the existing structure and to install and maintain a 136.0-foot long, 24.0-inch RCP culvert in an unnamed tributary to Marsh Run (WWF, MF), temporarily impacting 0.01 acre of PFO wetland;
14. remove a portion of the existing structure and to install and maintain a 102.0-foot long, 24-inch RCP culvert in an unnamed tributary to March Run (WWF, MF);
15. remove the existing culvert and install and maintain a 40.0-foot long, 54.0-inch RCP culvert with a rock apron extending 20.3 feet downstream and relocate a 44.5 foot section of stream in an unnamed tributary to Marsh Run (WWF, MF);
16. install and maintain a 40.0-foot long, 18.0-inch RCP culvert in an unnamed tributary to Marsh Run (WWF, MF);
17. install and maintain a 26.0-foot long, 30.0-inch RCP culvert in an unnamed tributary to Marsh Run (WWF, MF);
18. install and maintain a 28.0-foot long, 42.0-inch RCP culvert with a rock apron extending 22.1 feet downstream in an unnamed tributary to Marsh Run (WWF, MF);
19. install and maintain a 20.0-foot long, 18.0-inch RCP culvert in an unnamed tributary to Marsh Run (WWF, MF);
20. install and maintain a 29.0-foot long, 18.0-inch RCP culvert in an unnamed tributary to Marsh Run (WWF, MF);
21. install and maintain rock deflectors, coir fiber rolls and rock stabilization in a 365.0 foot stream realignment in an unnamed tributary to Marsh Run (WWF, MF);
22. install and maintain a 26.0-foot long, 18.0-inch RCP culvert and a 29.0-foot long, 18.0-inch RCP culvert in an unnamed tributary to Marsh Run (WWF, MF);
23. install and maintain a 28.0-foot long, 54.0-inch RCP culvert in an unnamed tributary to Marsh Run (WWF, MF);
24. place and maintain fill in 0.01 acre PEM wetland in the watershed of an unnamed tributary to Yellow Breeches Creek (CWF, MF);
25. place and maintain fill in 0.02 acre PEM wetland in the watershed of an unnamed tributary to Yellow Breeches Creek (CWF, MF);
26. place and maintain fill in 0.06 acre PEM wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) and temporarily impact 0.04 acre of PEM wetland;
27. place and maintain fill in 0.12 acre of PEM wetland and 0.18 acre of PSS wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF);
28. place and maintain fill in 0.01 acre PEM wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) and temporarily impact 0.01 acre of PEM wetland;
29. place and maintain fill in 0.04 acre PSS wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) and temporarily impact 0.01 acre of PSS wetland;
30. place and maintain fill in 0.10 acre PEM wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) and temporarily impact 0.08 acre of PEM wetland;
31. place and maintain fill in 0.03 acre PFO wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF);
32. place and maintain fill in 0.06 acre PEM wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) and temporarily impact 0.04 acre of PEM wetland
33. place and maintain fill in 0.01 acre PEM wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF);
34. place and maintain fill in 0.01 acre PSS wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) and temporarily impact 0.02 acre PSS wetland;
35. place and maintain fill in 0.02 acre PFO wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) and temporarily impact 0.20 acre PFO wetland;
36. place and maintain fill in 0.01 acre PFO wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF);
37. temporarily place fill in 0.01 acre of PFO wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF);
38. place and maintain fill in 0.01 acre of PFO wetland in the watershed of an unnamed tributary to Marsh Run (WWF, MF) all for the purpose of improving road safety. The project is located between milepost 241.98 and 245.51 of the Pennsylvania Turnpike (Lemoyne and Steelton, PA Quadrangle, beginning at Latitude 40° 12` 44"; Longitude -76° 52` 28" and ending at Latitude: 40° 11` 52"; Longitude: -76 48` 47") in Fairview Township, York County. Mitigation for the project includes creation of a minimum of 1.45 acre of wetland and the restoration/enhancement of 2,815.0 linear feet of stream channel to compensate for unavoidable impacts. Wetland restoration will occur along the floodplain of Yellow Breeches Creek in Fairview Township, York County (Latitude: 40° 11` 53"; Longitude: -76° 55` 49") and stream mitigation will occur along an unnamed tributary to Yellow Breeches Creek in Fairview Township, York County (from upstream limit Latitude 40° 11` 41"; Longitude: -76° 54` 35" to downstream limit Latitude 40° 12` 11"; Longitude: -76° 54` 54").
E22-603: Pennsylvania Department of Transportation, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1699 in Middletown Borough and Londonderry Township, Dauphin County, U.S. Army Corps of Engineers Baltimore District
to: 1) remove the existing structure and to construct and maintain a three-span steel girder bridge skewed 90°, having a clear span of 294` 9" (three spans of 98` 3"), an out-to-out width of 44` 4.25", and a minimum underclearance of 4` 4.5" across Swatara Creek (WWF, MF), (Latitude: 40° 12` 00", Longitude: -76° 42` 59"); 2) construct and maintain two 18" stormwater outfalls to the Swatara Creek (WWF, MF), (Latitude: 40° 12` 01", Longitude: -76° 43` 0"); 3) reconstruct approximately 150` of roadway on each side of the bridge, all for the purpose of improving transportation safety and roadway standards. The project will utilize four temporary causeways constructed in two stages for the demolition and construction involved with this project. The project is located along SR 0230 in Middletown Borough and Londonderry Township, Dauphin County. No wetland impacts are proposed.
E22-605: Dauphin County Board of Commissioners, PO B ox 1295, Harrisburg, PA 17108 in South Hanover Township and Hummelstown Borough, Dauphin County, U.S. Army Corps of Engineers Baltimore District
to 1) remove an existing structure; 2) construct and maintain a 300.0-foot long, 34.67-foot wide three-span concrete spread box beam bridge with R-8 rip rap scour protection across Swatara Creek (WWF, MF) having an underclearance ranging from 4.3 feet to 14.2 feet; 3) construct and maintain a gravel parking lot and geotextile boat ramp in the floodway of Swatara Creek (WWF, MF); and to install and maintain 1) 82 feet of 24.0-inch diameter reinforced concrete pipe and R-6 rip rap scour protection; 2) 34 feet of 24.0-inch diameter reinforced concrete pipe with R-6 rip rap scour protection; 3) 35 feet of 18.0-inch diameter reinforced concrete pipe with R-6 rip rap scour protection; 4) 57 feet of 24.0-inch diameter reinforced concrete pipe with R-6 rip rap scour protection; 5) an 18.0-inch diameter reinforced concrete pipe outfall, all discharging to Swatara Creek (WWF, MF); and 6) two temporary construction causeways in Swatara Creek (WWF, MF), all for the purpose of providing sustainable, safe and efficient crossing of Swatara Creek. The project is located near the intersection of N. Duke Street and N. Railroad Street (Latitude: 40° 16` 14.1"N, Longitude 76° 42` 57.9"W) in South Hanover Township and Hummelstown Borough, Dauphin County. No wetlands will be impacted by this project.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636
E19-305. Pennsylvania Department of Transportation, Engineering District 3-0, 715 Jordan Ave, Montoursville, PA 17754. SR 1033 Section 002 Bridge Replacement in Fishing Creek Township, Columbia County, ACOE Baltimore District (Stillwater, PA Quadrangle; Latitude: 41°08`57"; Longitude -76°17`37").
PA DOT Engineering District 3-0 proposes to replace a single span masonry arch culvert with a single cell precast concrete box culvert. The existing bridge has a span of 18.6 Ft., a skew of 86 degrees, an underclearance of 8.3 Ft., a low chord of 729.17 Ft. and a hydraulic opening of 153.7 Ft2. The proposed box culvert has a span of 22 Ft., a skew of 79 degrees, an underclearance of 7.5 Ft., a low chord of 726.17 Ft. and a hydraulic opening of 165 Ft2. The proposed box culvert will be widened approximately 15 Ft on one side, which dis-qualifies the project for a general permit. R-8 Rip Rap will be used to correct a scour hole, which is located within the proposed culvert footprint. The project will not impact any jurisdictional wetlands. The Little Pine Creek is classified as a Cold Water Fishery by Title 25, Chapter 93 Water Quality Standards. This project will not require mitigation. This permit also includes 401 Water Quality Certification.
E41-658. Family Dollar Williamsport PA Lycoming Creek Road LLC, 2016 Lycoming Creek Road, Williamsport, PA 17701-1207. Family Dollar Retail Store in Old Lycoming Township, Lycoming County, ACOE Baltimore District (Cogan Station, PA Quadrangle Lat: 41° 15` 29"; Long: -77° 02` 35").
To construct and maintain a new commercial retail store in Old Lycoming Township-Lycoming County, which is located within the floodway/floodplain of Unnamed Tributary to Lycoming Creek. The scope is to construct a new 9,226 SF commercial retail store.
The proposed modifications will not permanently impact wetlands, cultural or archaeological resources, national/state/local parks, forests recreational areas, landmarks wildlife refuge or historical sites. UNT to Lycoming Creek is classified with a designated use of Cold Water Fishery (CWF).
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335
ESCGP-2 #ESG14-073-0022—Leslie Well Pad
Applicant R.E. Gas Development LLC
Contact Michael Endler
Address 600 Cranberry Woods Drive
City Cranberry Township State PA Zip Code 16066
County Lawrence Township(s) Little Beaver(s)
Receiving Stream(s) and Classification(s) UNT's to
Beaverdam Run-HQ, UNT to Jenkins Run-WWFESCGP-2 #ESX14-019-0059—Pike to MWE Pipeline
Applicant Cardinal PA Midstream LLC
Contact Josh Corey
Address 144 Emeryville Drive, Suite 230
City Cranberry Township State PA Zip Code 16066
County Butler Township(s) Jackson(s)
Receiving Stream(s) and Classification(s) UNT's to Glade
Run-WWF, UNT's to Connoquenessing Creek-WWF,
Breakneck Creek-WWF & Siltation Impaired, Muntz
Run-WWF, Connoqenessing Creek-WWFESCGP-2 #ESG14-019-0049—Angert Well Pad
Applicant XTO Energy Inc
Contact Melissa Breitenbach
Address 502 Keystone Drive
City Warrendale State PA Zip Code 15086
County Butler Township(s) Donegal(s)
Receiving Stream(s) and Classification(s) UNT's to Buf-
falo Creek (HQ-CWF)Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701
ESCGP-2 # ESX29-115-14-0072
Applicant Name Williams Field Services Company, LLC
Contact Person Julie Nicholas
Address 310 State Route 29 North
City, State, Zip Tunkhannock, PA 18657
County Susquehanna County
Township(s) Harford Township
Receiving Stream(s) and Classification(s) Partners Creek
(CWF/MF), UNT to Nine Partners Creek (CWF/MF)ESCGP-2 # ESX11-115-0056 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Susquehanna County
Township(s) Middletown Township
Receiving Stream(s) and Classification(s) North Branch
Wyalusing Creek (CWF/MF)ESCGP-2 # ESX29-115-14-0110
Applicant Name Williams Field Services Company, LLC
Contact Person Lauren Miladinovich
Address Park Place Corporate Center, 2000 Commerce
Drive
City, State, Zip Pittsburgh, PA 15275
County Susquehanna County
Township(s) Dimock Township
Receiving Stream(s) and Classification(s) Stevens Creek,
UNT to Burdick Creek, UNT to Meshoppen Creek,
UNT to White Creek (All CWF/MF)ESCGP-2 # ESG29-115-14-0101
Applicant Name Susquehanna Gathering Company, LLC
Contact Person Herman Van Eck
Address 1429 Oliver Road
City, State, Zip New Milford, PA 18834
County Susquehanna County
Township(s) New Milford Township
Receiving Stream(s) and Classification(s) Salt Lick Creek
(HQ-CWF/MF);
Secondary: Susquehanna River (WWF)ESCGP-2 # ESX10-015-0327
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Windham Township
Receiving Stream(s) and Classification(s) UNT to Wysox
Creek (CWF/MF), Wysox Creek (CWF/MF)ESCGP-2 # ESX10-117-0091 (01)
Applicant Name SWEPI LP
Contact Person Jason Shoemaker
Address 2100 Georgetown Road, Suite 400
City, State, Zip Sewickley, PA 15143
County Tioga County
Township(s) Sullivan Township
Receiving Stream(s) and Classification(s) Elk Run
(TSF/MF);
Secondary: Mill Creek (TSF/MF)ESCGP-2 # ESX29-117-14-0019
Applicant Name SWEPI LP
Contact Person Jason Shoemaker
Address 2100 Georgetown Road, Suite 400
City, State, Zip Sewickley, PA 15143
County Tioga County
Township(s) Rutland Township
Receiving Stream(s) and Classification(s) UNT Elk Run
(TSF/MF), Mill Creek (TSF/MF);
Secondary: Tioga RiverESCGP-2 # ESG29-115-14-0114
Applicant Name Susquehanna Gathering Company, LLC
Contact Person Herman Van Eck
Address 1429 Oliver Road
City, State, Zip New Milford, PA 18834
County Susquehanna County
Township(s) Jackson Township
Receiving Stream(s) and Classification(s) South Branch
Canawacta Creek/Drinker Creek (CWF/MF);
Secondary: Canawacta CreekESCGP-2 # ESG29-035-0006
Applicant Name Anadarko Marcellus Midstream, LLC
Contact Person Rane Wilson
Address 33 W. Third Street
City, State, Zip Williamsport, PA 17701
County Clinton County
Township(s) Gallagher Township
Receiving Stream(s) and Classification(s) Rattlesnake
Run (HQ-CWF/MF);
Secondary: West Branch Susquehanna River
(WWF/MF)ESCGP-2 # ESG29-035-0007
Applicant Name Anadarko Marcellus Midstream, LLC
Contact Person Rane Wilson
Address 33 W. Third Street
City, State, Zip Williamsport, PA 17701
County Clinton County
Township(s) Grugan & Gallagher Townships
Receiving Stream(s) and Classification(s) UNT East
Branch Hyner Run (HQ-CWF/MF);
Secondary: East Branch Hyner Run (HQ-CWF/MF)ESCGP-2 # ESX29-015-14-0092
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) Terry Township
Receiving Stream(s) and Classification(s) UNTs to Sugar
Run, Trib to Sugar Run Creek (CWF/MF); Sugar Run,
Trib to Sugar Run Creek (CWF/MF)ESCGP-2 # ESX29-015-14-0090
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) Standing Stone Township
Receiving Stream(s) and Classification(s) UNT to Vought
Creek (WWF/MF);
Secondary: Vought Creek (WWF/MF)ESCGP-2 # ESX29-015-14-0089
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) West Burlington Township
Receiving Stream(s) and Classification(s) UNT to Sugar
Creek (CWF/MF);
Secondary: Sugar Creek (CWF/MF)ESCGP-2 # ESX29-015-14-0080
Applicant Name Appalachia Midstream Services, LLC
Contact Person Randy DeLaune
Address 400 Ist Center
City, State, Zip Horseheads, NY 14845
County Bradford County
Township(s) Wilmot Township
Receiving Stream(s) and Classification(s) 3 UNT to Foster
Branch Sugar Run, Foster Branch Sugar Run, UNT to
Sugar Run, Foster Branch Sugar Run Watershed,
Sugar Run Watershed (CWF/MF);
Secondary: Sugar Run CreekESCGP-2 # ESX29-115-14-0112
Applicant Name Williams Field Services Company, LLC
Contact Person Lauren Miladinovich
Address Park Place Corporate Center, 2000 Commerce
Drive
City, State, Zip Pittsburgh, PA 15275
County Susquehanna County
Township(s) Auburn, Springville & Dimock Townships
Receiving Stream(s) and Classification(s) UNTs Dority
Creek, Dority Creek, UNTS to Nick Creek, Nick Creek,
UNTs to Riley Creek, Riley Creek, UNTs to White
Creek, White Creek (All CWF/MF). Watersheds Upper
Susquehanna-Tunkhannock;
Secondary: Tunkhannock Creek.Southwest Region: Oil & Gas Program Mgr. 400 Waterfront Dr. Pittsburgh PA
ESCGP-2 No: ESG14-125-0043
Applicant Name: CONE Gathering LLC
Contact Person Carol Phillips
Address: 1000 Consol Energy Drive
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township: East Finley & South
Franklin
Receiving Stream (s) and Classifications: Templeton Fork
and Tenmile Creek; HQ; Other WWF, TSFESCGP-2 No.: ESG14-125-0067
Applicant Name: Range Resources Appalachia LLC
Contact Person: Glenn D Truzzi
Address: 3000 Town Center Boulevard
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Hopewell
Receiving Stream(s) and Classifications: Cross Creek/
Raccoon Creek Watershed; HQESCGP-2 No.: ESX14-125-0058
Applicant Name: Rice Drilling B LLC
Contact Person: Joseph C Mallow
Address: 171 Hillpointe Drive Suite 301
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): North Bethlehem
Receiving Stream(s) and Classifications: 2 UNTs to South
Branch Pigeon Creek and South Branch Pigeon Creek/
Monongahela; Other WWFESCGP-2 No.: ESX14-059-0003
Applicant Name: Vantage Energy Appalachia LLC
Contact Person: John J Moran
Address: 116 Inverness Drive East Suite 107
City: Englewood State: CO Zip Code: 80112
County: Greene Township(s): Jefferson
Receiving Stream(s) and Classifications: Muddy Creek;
Other WWFESCGP-2 No.: ESX14-059-0024
Applicant Name: Energy Corporation of America
Contact Person: Travis Wendel
Address: 101 Heritage Run Road Suite 1
City: Indiana State: PA Zip Code: 15701
COUNTY Greene Township(s): Whiteley
Receiving Stream(s) and Classifications: UNT to Dutch
Run, Dutch Run; Other TSFESCGP-2 No.: ESX11-007-0019 Major Revision
Applicant Name: Range Resources Appalachia LLC
Contact Person: Glenn D Truzzi
Address: 3000 Town Center Boulevard
City: Canonsburg State: PA Zip Code: 15317
County: Beaver Township(s): Hanover
Receiving Stream(s) and Classifications: UNTs to Raccoon
Creek and Wingfield Run/Raccoon Creek Watershed;
Other WWFESCGP-2 No.: ESX13-059-0046 Major Revision
Applicant Name: Energy Corporation of America
Contact Person: Travis Wendel
Address: 101 Heritage Run Road Suite 1
City: Indiana State: PA Zip Code 15701
County: Greene Township(s): Greene
Receiving Stream(s) and Classifications: Trib 41236 and
UNT1 to Frosty Run, Frosty Run/Lower Monongahela
Watershed; Other TSFESCGP-2 No.: ESX14-059-0055
Applicant Name: Chevron Appalachia LLC
Contact Person: Branden Weimer
Address: 800 Mountain View Drive
City: Smithfield State: PA Zip Code: 15478
County: Greene Township(s): Franklin
Receiving Stream(s) and Classifications: UNT to Grimes
Run WWF & UNT to Ruff Creek WWF/Tenmile Creek
WWF; Other WWFESCGP-2 No.: ESX14-125-0069
Applicant Name: MarkWest Liberty Midstream &
Resources LLC
Contact Person: Rick Lowry
Address: 4600 J Barry Court Suite 500
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): West Finley, Donegal
Receiving Stream(s) and Classifications: UNTs to Middle
Wheeling Creek, Middle Wheeling Creek; Other WWFESCGP-2 NO.: ESG14-059-0028
Applicant Name: CNX Gas Company LLC
CONTACT PERSON: Renee Thomas
ADDRESS: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Greene Township(s): Center
Receiving Stream(s) and Classifications: 3 UNT's to South
Fork Tenmile Creek; 1 UNT to Claylick Run; HQ; Other
WWFESCGP-2 NO.: ESX14-051-0013
Applicant Name: Chevron Appalachia LLC
CONTACT: Alex Genovese
ADDRESS: 800 Mountain View Drive
City: Smithfield State: PA Zip Code: 17548
County: Fayette Township(s): Springhill Twp
Receiving Stream(s) and Classifications: UNT to Grassy
Run/Upper Monongahela River Watershed; Other WWFESCGP-2 NO.: ESG14-059-0042
Applicant Name: Vantage Energy Appalachia II LLC
CONTACT: John J Moran Jr
ADDRESS: 116 Inverness Drive East Suite 107
City: Englewood State: CO Zip Code: 80112
County: Greene Township(s): Center
Receiving Stream(s) and Classifications: UNT Hargus
Creek HQ-WWF/ Hargus Creek; Hargus Creek
HQ-WWF; Hargus Creek; UNT South Fork Tenmile
Creek HQ-WWF/South Fork Tenmile Creek; HQ
SPECIAL NOTICES
City of Philadelphia, Air Management Services; Intention to Renew a Minor State Only Operating Permit Philadelphia: Air Management Services, 321 University Avenue, Philadelphia, PA. 19104-4543, Contact: Edward Wiener, Chief, Source Registration at 215 685 9476.
The City of Philadelphia, Air Management Services (AMS) intends to renew a Minor State Only Operating Permit for the following facility:
N14-005: Menasha Packaging LLC (801 East Erie Avenue, Philadelphia, PA 19134) for a printing and packaging facility in the City of Philadelphia, Philadelphia County. The facility's air emission sources include two (2) Flexographic presses, (2) two 7.53 MMBTU/hr firing No. 2 fuel oil or natural gas boilers, two (2) heaters and a waste paper collector cyclone.
The operating permit will be issued under the Pennsylvania Code Title 25, Philadelphia Code Title 3 and Air Management Regulation XIII. Permit copies and other supporting information are available for public inspection at AMS, 321 University Avenue, Philadelphia, PA 19104. For further information, contact Edward Wiener at (215) 685-9426.
Persons wishing to file protest or comments on the above operating permit must submit the protest or comments within 30 days from the date of this notice. Any protests or comments filed with AMS must include a concise statement of the objections to the permit issuance and the relevant facts upon which the objections are based. Based upon the information received during the public comment period, AMS may modify the operating permit or schedule a public hearing. The hearing notice will be published in the Pennsylvania Bulletin and a local newspaper at least thirty days before the hearing.
Issued Plan Approval—IPAOP Philadelphia: Air Management Services, 321 University Avenue, Philadelphia, PA. 19104-4543, Contact: Edward Wiener, Chief of Source Registration at 215 685 9426.
AMS 08179: PaperWorks Industries, Inc. (5000 Flat Rock Road, Philadelphia, PA 19127) issued December 19, 2014 to modify plan approval No. 08179 in order to continue operate boiler No.1 with limited capacity (156MMBTU/hr) and with limited usage of No.6 fuel oil in the City of Philadelphia, Philadelphia County. The primary fuel for Boiler No.1 will be natural gas and operate with the maximum of 168 hrs/year with No.6 fuel oil, solely for emergency purpose, to keep pipes from freezing in case of natural gas interruption. In addition to that, this modification removes the authorization of No.6 fuel oil usage on boiler #3 and 4 and redefines these boilers as gas fired boiler. Boiler No.3&4 will only burn natural gas.
Consent Order and Agreement Borough of Shippensburg, 111 North Fayette Street, Shippensburg, PA 17257; The Clean Streams Law; NPDES Permit No. PA 0030643; Southampton Township, Franklin County
Consent Order and Agreement This Consent Order and Agreement (''COA'') is entered into this 8th day of December, 2014, by and between the Commonwealth of Pennsylvania, Department of Environmental Protection (''Department'') and the Borough of Shippensburg (''Shippensburg'').
The Department has found and determined the following:
A. The Department is the agency with the duty and authority to administer and enforce the Clean Streams Law, the Act of June 22, 1937, P. L. 1987, as amended, 35 P. S. §§ 691.1—691.1001 (''The Clean Streams Law''); Section 1917-A of the Administrative Code of 1929, Act of April 9, 1929, P. L. 177, as amended, 71 P. S. § 510-17 (''Administrative Code''); and the rules and regulations promulgated thereunder, and with the delegated authority to administer a permit program, the National Pollutant Discharge Elimination System (''NPDES''), under Section 402 of the Federal Clean Water Act, 33 U.S.C. § 1342.
B. Shippensburg is a municipality as defined in Section 1 of the Clean Streams Law, 35 P. S. § 691.1, with a mailing address of 111 North Fayette Street, Shippensburg, PA 17257.
C. Shippensburg operates a publicly-owned treatment works (''POTW''), located in Southampton Township, Franklin County. Shippensburg's system consists of a sewage treatment plant (''STP'') and an associated sewage conveyance system (collectively the ''Sewer System''). The STP discharges treated wastewater into the Middle Spring Creek, a water of the Commonwealth. The discharge constitutes sewage pursuant to Sections 201 and 202 of the Clean Streams Law, 35 P. S. §§ 691.201 and 691.202. Shippensburg leases the Sewer System from the Shippensburg Borough Authority and is required to manage, operate and maintain the Sewer System.
D. At all times relevant to the events described in this COA, ARRO Engineering Group (''ARRO'') was contracted to serve as Shippensburg's certified operator.
E. The discharge from the STP is authorized by NPDES Permit No. PA 0030643 issued by the Department to Shippensburg with an effective date of February 1, 2014, pursuant to Sections 201 and 202 of The Clean Streams Law, 35 P. S. §§ 691.201 and 691.202. The NPDES Permit No. PA 0030643 expires on January 31, 2019.
F. Shippensburg is required by its NPDES permit and 25 Pa. Code § 92a.4l(c) to prevent the discharge of floating materials, foam or substances that produce an observable change in color, taste, odor or turbidity of the receiving water, unless those conditions are otherwise controlled through effluent limitations or other requirements in its permit.
G. On February 8, 2012, the Department issued Water Quality Management Permit No. 2105402, Amendment No. 11-1 to the Shippensburg Borough Authority. This permit approved the following planned modifications to the STP: upgrading the hydraulic capacity of the influent pumping, the addition of two influent screening systems, the upgrade of the five stage biological nutrient removal (''BNR'') process to include an integrated fixed film activated sludge (''IFAS'') system, upgrade of tertiary filtration, upgrade of the ultraviolet disinfection system and miscellaneous sludge handling upgrades.
H. Shippensburg awarded the construction project to Pact Two, LLC (''Pact Two'').
I. On February 12, 2014, during construction at the STP, IFAS media, which was designed to be contained in a finite area of the five-stage BNR process, was released to the clarifiers and tertiary filters. The IFAS media, approximately nickel-sized black plastic discs that resemble ''rotelle'' pasta, was released to downstream treatment units, which created the potential for mechanical problems since these units were not designed to accommodate significant amounts of free-floating media.
J. During the evening of February 25, 2014 through the morning of February 26, 2014, due to construction, two temporary pumps were being used to pump mixed liquor to the STP's two secondary clarifiers One of these pumps became clogged with the previously released IFAS media. The pump failed. All mixed liquor was then directed to one clarifier. This clarifier became overloaded and pushed mixed liquor solids into the downstream tertiary filters. The tertiary filters were blinded by the high levels of solids. Flow was unable to pass through the tertiary filters. Flow was redirected to the backwash tank and then ultimately back to the head of the plant. The backwash tank eventually overflowed. Partially treated wastewater discharged directly to Middle Spring Creek.
K. Alarms previously installed to alert plant personnel of high levels in the tertiary filter backwash tank had been disabled during construction. No alarm system was included in the new design or construction drawings. The discharge into Middle Spring Creek was not discovered until 6:00 a.m. on February 26, 2014, when Pact Two, arrived at the plant.
L. On February 26, 2014, ARRO notified the Department of the discharge. The Department inspected the plant, noting that an unpermitted discharge had occurred from the tertiary filter backwash tank.
M. Immediately after the February 26, 2014 discharge, a float alarm system was installed in the tertiary filter backwash tank. At the direction of ARRO, the alarm system was set up to call representatives of Pact Two.
N. On March 2, 2014, at approximately 11:30 p.m., the tertiary filter alarm system called two Pact Two representatives, however, the message was not received by Pact Two's representatives until 4:00 a.m. on March 3, 2014.
O. IFAS media retention screens, designed to allow mixed liquor to pass through, but keep media from passing through into the downstream processes, became obstructed. This obstruction caused forward flow to overtop the baffle that housed the screens. Mixed liquor and IFAS media were discharged into the downstream processes. Overwhelmed by IFAS media, the tertiary filters failed overflowed. Partially treated sewage and IFAS media discharged directly into Middle Spring Creek.
P. On March 3, 2014, between 4:30 and 5:00 a.m., Pact Two representatives arrived at the Plant. Pact Two admitted that it shut down the effluent pumps. According to Shippensburg, at 6:40 a.m. Pact Two notified Shippensburg's consulting design engineer, and certified operator, ARRO, of the discharge. Borough personnel became aware of the discharge upon arrival at the plant, at approximately 6:45 a.m. One hour after ARRO became aware of the discharge, ARRO notified the Department of the discharge.
Q. On March 3, 2014, the Department inspected the plant. The Department observed the discharge of partially treated sewage and IFAS media. At the time of the inspection media was observed near Middle Spring Creek's confluence with the Conodoguinet Creek. At an on-site meeting with the Borough, ARRO, and Pact Two, the Department requested that a clean-up contractor be hired to begin containing and removing media from Middle Spring Creek.
R. On March 4, 2014 the Department returned to the plant to verify progress of clean-up efforts. The Department discovered that no clean-up contractor had yet been hired and no clean-up work in the Middle Spring Creek had started, except that Department personnel observed that two booms had been placed in the receiving stream directly below the outfall, but they did not appear to contain the discharged media. The Department noted that the delay in initiating clean-up efforts allowed significantly more IFAS media to be discharged into Middle Spring Creek. The delay also allowed the IFAS media to travel further downstream in the Conodoguinet Creek.
S. On March 5, 2014, remediation work began on Middle Spring Creek. On the same day, the alarm system for the tertiary filter backwash tank was programmed to call the plant operator, borough manager, and Pact Two. The contractor collected media from Middle Spring Creek and the Conodoguinet Creek. The contractor collected media on a daily basis, until March 31, 2014, when collection was reduced to once per week. On March 21, 2014, Pact Two wrote to Shippensburg, advising it that, ''On March 4, 2014, PACT arranged for the use of vacuum trucks to accelerate collection of media at the plant. PACT also retained an environmental remediation contractor who mobilized and arrived on the scene by 6:30 A.M. on March 5. The remediation contractor placed additional booms downstream of the Plant to collect media, and also commenced a thorough process to retrieve media from the creek banks on March 5, 2014.''
T. On March 14, 2014, the Department sent Shippensburg a Notice of Violation (NOV) for the February 25-26, 2014 discharge. On that same day, the Department sent Shippensburg a NOV for the March 3, 2014 discharge. The NOVs requested that Shippensburg submit reports to the Department within ten days describing the causes of the noncompliance and the steps being taken to prevent recurrences of the violations.
U. On March 24, 2014, Shippensburg responded to both NOVs, attaching to its letter correspondence from ARRO and Pact Two. Shippensburg explained the steps being taken and those planned to resolve the violations and prevent them in the future. Shippensburg's knowledge of some of the facts set forth in this COA is based on correspondence it received from ARRO and Pact Two as well as information communicated to it by ARRO and Pact Two and such facts are accurate only insofar as the information provided to Shippensburg was accurate.
V. On October 15, 2014, Shippensburg submitted a complete report to the Department that details ''necessary corrective work'' to achieve a functional IFAS system at the STP that achieves compliance with currently anticipated hydraulic and organic loadings and effluent discharge limitations (the ''Report''), which report is incorporated here by reference.
W. The phrase ''necessary corrective work,'' for the purposes of this COA, shall mean work that is necessary to correct the IFAS process identified in the Water Quality Management Permit No. 2105402, Amendment No. 11-1.
X. These discharges of partially treated sewage and floating material IFAS media, as described in Paragraphs J through L, O, Q and R, above, were not authorized by permit or regulation and are thereby constitute violations of Sections 201 and 202 of The Clean Streams Law, 35 P. S. §§ 691.201 and 691.202.
Y. The violations described in paragraph X, above, constitute unlawful conduct under Section 611 of The Clean Streams Law, 35 P. S. § 691.611, and subject Shippensburg to a claim for civil penalties under Section 605 of The Clean Streams Law, 35 P. S. § 691.605.
Z. On September 29, 2014, the Department and Shippensburg met to discuss the Shippensburg STP. Shippensburg notified the Department that the Cumberland Franklin Joint Municipal Authority (''CFJMA'') has agreed to advance payment for the necessary corrective work at the STP, subject to various conditions. Shippensburg further notified the Department that in the event that Shippensburg requests increased capacity at the STP, and the Department approves of the rerated capacity, Shippensburg will recognize CFJMA's ownership of increased capacity and will execute the required documentation with CFJMA establishing CFJMA's ownership of such additional capacity.
After full and complete negotiation of all matters set forth in this COA and upon mutual exchange of the covenants contained herein, the parties desiring to avoid litigation and intending to be legally bound, it is hereby ORDERED by the Department and AGREED to by Shippensburg as follows:
1. Authority. This COA is an Order of the Department authorized and issued pursuant to Sections 5 and 610 of the Clean Streams Law, 35 P. S. § 691.5 and 691.610; and Section 1917-A of the Administrative Code, 71 P. S. § 510.17.
2. Findings.
a. Shippensburg agrees that the findings in paragraphs A through X, and Z are true and correct and, in any matter or proceeding involving Shippensburg and the Department, Shippensburg shall not challenge the accuracy or validity of these findings.
b. The parties do not authorize any other persons to use the findings in the COA in any matter or proceeding.
3. Corrective Action.
a. On or before December 31, 2014, Shippensburg shall submit administratively complete NPDES and Part II permit applications to the Department for ''the necessary corrective work'' identified in the Report.
b. Within 18 months of the Department's issuance of the NPDES and Part II permits for the ''necessary corrective work'' to the STP, construction shall be completed at the STP in accordance with the approved permits.
c. If the Department requires additional information to review or approve any submittal necessary to comply with this COA, Shippensburg shall submit the requested information within ten (10) calendar days of the date of the Department's notice that such information is required; however, upon written request, including a justification from Shippensburg, the Department may allow an extension for such a submittal.
4. Civil Penalty Settlement.
a. Shippensburg shall pay a civil penalty of $24,895. This payment is in settlement of the Department's claim for civil penalties for the violations set forth in paragraphs I. through R., above, covering the period set forth in Paragraphs I. through R., above. Payment shall be made by corporate check or the like, made payable to ''Commonwealth of Pennsylvania,'' with a notation of ''Clean Water Fund'' on the memo line, and sent to Department of Environmental Protection, Sarah Wriglesworth, Clean Water Program, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110-8200 in accordance with the following schedule:
1. The first payment of $10,000 shall be made upon signing this COA.
2. The second payment of $7,448 shall be made on or before February 15, 2015.
3. The third payment of $7,447 shall be made on or before May 15, 2015.
b. In the event Shippensburg fails to make any payments set forth above, any outstanding balance shall become immediately due and payable.
5. Stipulated Civil Penalties.
a. In the event Shippensburg fails to comply in a timely manner with any term or provision of this COA, Shippensburg shall be in violation of this COA and, in addition to other applicable remedies, shall pay a civil penalty in the amount determined under the following schedule:
(1) For any violation of paragraphs 3.a. through 3.c., $100 per day for the first 30 days of each violation, and $200 per day for each violation extending beyond the first 30 days.
(2) For any violation of its NPDES effluent limits, Shippensburg shall pay a stipulated penalty as outlined in Exhibit 1, which is attached hereto and incorporated by reference.
(3) Quantity and Concentration shall be considered separate violations.
b. Stipulated civil penalty payments for any violation of paragraph 3 herein shall be payable monthly on or before the fifteenth day of each succeeding month, and shall be forwarded as described in paragraph 4 above. Penalties for violation of the NPDES permit effluent limits shall be payable within thirty calendar days of submission of a monitoring report for any such violation. The penalties shall be due automatically and without notice.
c. Any payment under this paragraph shall neither waive Shippensburg's duty to meet its obligations under this COA, nor preclude the Department from commencing an action to compel Shippensburg's compliance with the terms and conditions of this COA. The payment resolves Shippensburg's liability only for civil penalties arising from the violation of this COA for which the payment is made.
6. Additional Remedies.
a. In the event Shippensburg fails to comply with any provision of this COA, the Department may, in addition to the remedies prescribed herein, pursue any remedy available for a violation of an order of the Department, including any action to enforce this COA.
b. The remedies provided by this paragraph and paragraph 4 are cumulative and the exercise of one does not preclude the exercise of any other. The failure of the Department to pursue any remedy shall not be deemed to be a waiver of that remedy. The payment of a stipulated civil penalty, however, shall preclude any further assessment of civil penalties for the violation for which the stipulated civil penalty is paid.
c. No provision of this COA shall preclude the Department from pursuing civil penalties for past violations, or any future reported or documented violations, except those violations covered by Paragraph 4 of this COA.
7. Reservation of Rights. The Department reserves the right to require additional measures to achieve compliance with applicable laws. Shippensburg reserves the right to challenge any action which the Department may take to require those measures:
8. Liability of Operator. Shippensburg shall be liable for any violations of the COA, including those caused by, contributed to, or allowed by its officers, agents, employees or contractors. Shippensburg also shall be liable for any violation of this COA caused by, contributed to, or allowed by its successors and assigns.
9. Transfer of Site.
a. The duties and obligations under this COA shall not be modified, diminished, terminated, or otherwise altered by the transfer of any legal or equitable interest in the Plant or any part thereof.
b. If Shippensburg intends to transfer any legal or equitable interest in the STP which is affected by this COA, Shippensburg shall serve a copy of this COA upon the prospective transferee of the legal and equitable interest at least 30 days prior to contemplated transfer and shall simultaneously inform the Department's Southcentral Regional Office of such intent.
c. The Department in its sole discretion may agree to modify or terminate Shippensburg's duties and obligations under this COA upon transfer of the Plant. Shippensburg waives any right that it may have to challenge the Department' s decision in this regard.
I0. Correspondence with Department. All correspondence with the Department concerning this COA shall be addressed to:
Sarah Wriglesworth
DEP Clean Water Program
Southcentral Regional Office
909 Elmerton Avenue
Harrisburg, PA 17110-8200
Phone: (717) 705-4787
Fax: (717) 705-476011. Correspondence with SHIPPENSBURG. All correspondence with Shippensburg concerning this COA shall be addressed to:
Lance Hoover
Borough Manager
Borough of Shippensburg
111 North Fayette Street
Shippensburg, PA 17257
Phone: (717) 532-2147Shippensburg shall notify the Department whenever there is a change in the contact person's name, title, or address. Service of any notice or any legal process for any purpose under this COA, including its enforcement, may be made by mailing a copy by first class mail to the above address.
12. Severability. The paragraphs of this COA shall be severable and should any part hereof be declared invalid or unenforceable, the remainder shall continue in full force and effect between the parties.
13. Force Majeure.
a. In the event that Shippensburg is prevented from complying in a timely manner with any time limit imposed on this COA solely because of a strike, fire, flood, act of God, or other circumstances entirely beyond Shippensburg's control and which Shippensburg, by the exercise of all reasonable diligence, is unable to prevent, then Shippensburg may petition the Department for an extension of time. An increase in the cost of performing the obligations set forth in this COA shall not constitute circumstances beyond Shippensburg's control. Shippensburg's economic inability to comply with any of the obligations of this COA shall not be grounds for any extension of time.
b. Shippensburg shall only be entitled to the benefits of this paragraph if it notifies the Department within five working days by telephone and within ten working days in writing of the date it becomes aware or reasonably should have become aware of the event impeding performance. The written submission shall include all necessary documentation, as well as a notarized affidavit from an authorized individual specifying the reasons for the delay, the expected duration of the delay, and the efforts which have been made and are being made by Shippensburg to mitigate the effects of the event and to minimize the length of the delay. The initial written submission may be supplemented within ten working days of its submission. Shippensburg's failure to comply with the requirements of this paragraph specifically and in a timely fashion shall render this paragraph null and of no effect as to the particular incident involved.
c. The Department will decide whether to grant all or part of the extension requested on the basis of all documentation submitted by Shippensburg and other information available to the Department. In any subsequent litigation, the operator shall have the burden of proving that the Department's refusal to grant the requested extension was an abuse of discretion based upon the information then available to it.
14. Entire Agreement. This COA shall constitute the entire integrated agreement of the patties. No prior or contemporaneous communications or prior drafts shall be relevant or admissible for purposes of determining the meaning or extent of any provisions herein in any litigation or any other proceeding.
15. Attorney Fees. The patties shall bear their respective attorney fees, expenses, and other costs in the prosecution or defense of this matter or any related matters, arising prior to execution of this COA.
16. Modifications. No changes, additions, modifications, or amendments of this COA shall be effective unless they are set out in writing and signed by the parties hereto.
17. Titles. A title used at the beginning of any paragraph of this COA is provided solely for the purpose of identification and shall not be used to interpret that paragraph.
18. Decisions Under Consent Order. Any decision which the Department makes under the provisions of this Consent Order and Agreement, including a notice that stipulated civil penalties are due, is intended to be neither a final action under 25 Pa. Code § 1021.2, nor an adjudication under 2 Pa.C.S. § 101. Any objection which Shippensburg may have to the decision will be preserved until the Department enforces this Consent Order and Agreement.
19. Termination. The obligations of this COA shall terminate when Shippensburg has completed all upgrades to the WWTP, as described in the approved report pursuant to paragraphs 3.a. and 3.b. of this COA, and when Shippensburg has demonstrated 6 consecutive months of compliance with effluent limitations after completion of all upgrades identified in the approved report.
In Witness Whereof, the parties hereto have caused this COA to be executed by their duly authorized representatives. The undersigned representatives of Shippensburg certify under penalty of law, as provided by 18 Pa.C.S. § 4904, that they are authorized to execute this COA on behalf of Shippensburg; that Shippensburg consents to the entry of this COA and the foregoing Findings as an ORDER of the Department; and that Shippensburg hereby knowingly waives its rights to appeal this COA and the foregoing Findings, which rights may be available under Section 4 of the Environmental Hearing Board Act, the Act of July 13, 1988, P. L. 530, No. 1988-94, 35 P. S. § 7514; the Administrative Agency Law, 2 Pa.C.S. § 103(a); and Chapters 5A and 7A, or any other provision of law. Signature by Shippensburg's attorney certifies only that the COA has been signed after consulting with counsel.
Exhibit 1—Violations of Permitted Effluent Limits
Facility Name: Shippensburg Borough POTW
NPDES PERMIT NO.: PA 0030643Stipulated penalties for violations of NPDES effluent limits (all limits except pH and DO)
Percent over permit limits or under applicable minimum Penalty from execution of COA through termination Monthly/Geometric Average Violations Assessed Monthly >0-33% $350.00 >33.1-67% $400.00 >67.1-100% $450.00 >100.1% $500.00 AND Instantaneous/Daily Maximum Violation Assessed Daily >0-33% $200.00 >33.1-67% $250.00 >67.1-100% $300.00 >100.1% $350.00 Stipulated penalties for violations of pH Amount over/under permit limits Penalty from execution of COA through termination Instantaneous/Daily Max Violations Assessed Daily 9.1—9.6 s.u. $200.00 9.7—10.2 s.u. $250.00 10.3—10.8 s.u. $300.00 >=10.9 $350.00 AND Instantaneous/Daily Minimum Violations Assessed Daily 5.4—5.9 s.u. $200.00 4.8—5.3 s.u. $250.00 4.2—4.7 s.u. $300.00 <=4.2 $350.00 Stipulated penalties for violations of Dissolved Oxygen Percent under permit limits Penalty from execution of COA through termination Instantaneous/Daily Minimum Violations Assessed Daily >0-33% $200.00 >33.1-67% $250.00 >67.1-100% $300.00 >100.1% $350.00
[Pa.B. Doc. No. 15-13. Filed for public inspection January 2, 2015, 9:00 a.m.]
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