[46 Pa.B. 6133]
[Saturday, October 1, 2016]
[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
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 56150103 and NPDES No. PA0269468. Berwind Coal Sales Co., 509 15th Street, Windber, PA 15963, commencement, operation and restoration of a bituminous surface mine in Paint Township, Somerset County, affecting 72.5 acres. Receiving stream: unnamed tributaries to Stonycreek River classified for the following use: warm water fishes. The first downstream potable water supply intake from the point of discharge is Conemaugh Township Municipal Authority—Somerset County. Application received: July 2, 2015. Permit issued: September 8, 2016.
Permit No. 32810135 and NPDES No. PA0607606. MB Energy Inc., 175 McKnight Road, Blairsville, PA 15717, transfer of an existing bituminous surface mine from North Cambria Fuel Co., 175 McKnight Road, Blairsville, PA 15717, located in West Wheatfield Township, Indiana County, affecting 20.0 acres. Receiving stream: unnamed tributary to Blacklick Creek classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: February 11, 2015. Permit issued: September 15, 2016.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
10110102. K & A Mining, P.O. Box 288, Grove City, PA 16127, renewal of an existing bituminous surface mine in Marion Township, Butler County, affecting 41.3 acres. Receiving streams: Unnamed tributary A to North Branch Slippery Rock Creek and North Branch Slippery Rock Creek. This renewal is for reclamation only. Application received: July 14, 2016. Permit Issued: September 15, 2016.
61110102. Ben Hal Mining Company, 389 Irishtown Road, Grove City, PA 16127, renewal of an existing bituminous surface mine in Clinton Township, Venango County, affecting 35.2 acres. Receiving streams: Unnamed tributaries to Scrubgrass Creek. This renewal is issued for reclamation only. Application received: July 14, 2016. Permit Issued: September 15, 2016.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
17080113 and NPDES PA0256943. Rob Holland Enterprises (52 Holland Lane, Curwensville, PA 16833). Permit renewal for continued operation and restoration of a bituminous surface mine located in Bloom Township, Clearfield County affecting 8.2 acres. Receiving stream(s): Unnamed Tributary to Little Anderson Creek classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: March 25, 2016. Permit issued: September 7, 2016.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
65140102 and NPDES Permit No. PA0278165. Amerikohl Mining, Inc. (1384 State Route 711, Stahlstown, PA 15687). Permit issued for commencement, operation and restoration of a bituminous surface mine, located in East Huntingdon Township, Westmoreland County, affecting 131.6 acres. Receiving streams: unnamed tributaries to Stauffer Run and Stauffer Run. Application received: August 4, 2015. Permit issued: September 15, 2016.
02-03-02 and NPDES Permit No. PA0250473. Collier Land & Coal Development, LP (960 Penn Avenue, Suite 1200, Pittsburgh, PA 15222). Revised GFCC and associated NPDES issued for continued operation and restoration of a Government Financed Construction Contract, located in Collier Township, Allegheny County, affecting 13.9 acres. Receiving streams: unnamed tributaries to Robinson Run & Robinson Run. Application received: October 10, 2015. Permit issued: September 15, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54060102R2. Kuperavage Enterprises, Inc., (PO Box 99, Middleport, PA 17953), renewal of an existing anthracite surface mine and coal refuse disposal operation in Blythe Township, Schuylkill County affecting 66.0 acres, receiving stream: Bushy Creek. Application received: April 28, 2016. Renewal issued: September 13, 2016.
Permit No. PAM116018. Kuperavage Enterprises, Inc., (PO Box 99, Middleport, PA 17953), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54060102 in Blythe Township, Schuylkill County, receiving stream: Bushy Creek. Application received: April 28, 2016. Permit issued: September 13, 2016.
Permit No. 49871602R5. Lenig & Kosmer Coal Washery, (2993 Lower Road, Shamokin, PA 17972), renewal of an existing anthracite coal preparation plant operation in West Cameron Township, Northumberland County affecting 3.6 acres, receiving stream: Mahanoy Creek. Application received: May 10, 2016. Renewal issued: September 14, 2016.
Permit No. PAM111061R. Lenig & Kosmer Coal Washery, (2993 Lower Road, Shamokin, PA 17972), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 49871602 in West Cameron Township, Northumberland County, receiving stream: Mahanoy Creek. Application received: May 10, 2016. Renewal issued: September 14, 2016.
Permit No. 54060101R2. Blaschak Coal Corp., (PO Box 12, Mahanoy City, PA 17948), renewal of an existing anthracite surface mine and coal refuse disposal operation in Mahanoy Township, Schuylkill County affecting 1,043.2 acres, receiving stream: Mahanoy Creek. Application received: March 1, 2016. Renewal issued: September 16, 2016.
Permit No. PAM111027R, Blaschak Coal Corp., (PO Box 12, Mahanoy City, PA 17948), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54060101 in Mahanoy Township, Schuylkill County, receiving stream: Mahanoy Creek. Application received: March 1, 2016. Renewal issued: September 16, 2016.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
24112802. North Star Aggregates, Inc. (P.O. Box 51, Penfield, PA 15849) Renewal of existing NPDES Permit No. PA0259179 in Ridgway Township, Elk County. Receiving streams: Little Mill Creek. Application received: June 3, 2016. Permit Issued: September 13, 2016.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
41110301 and NPDES PA025791. Glenn O. Haw- baker, Inc. (1952 Waddle Road, State College, PA 16803). Renewal of an NPDES Permit located in McNett Township, Lycoming County. Receiving stream(s): Unnamed Tributary to North Pleasant Stream and North Pleasant Stream classified as the following use(s): HQ—CWF. Application received: May 5, 2016. Permit issued: September 8, 2016.
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.
Blasting Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 39164104. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Springview Drive in South Whitehall and Upper Macungie Townships, Lehigh County with an expiration date of August 31, 2017. Permit issued: September 16, 2016.
Permit No. 45164109. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for Skytop Resort in Price and Barrett Townships, Monroe County with an expiration date of September 11, 2017. Permit issued: September 16, 2016.
Permit No. 58164109. Meshoppen Blasting, Inc., (P.O. Box 127, Meshoppen, PA 18630), construction blasting for SWN RU-74 Tretter Pad and access road in Great Bend, Oakland and New Milford Townships, Susque-hanna County with an expiration date of Susquehanna County with an expiration date of September 6, 2017. Permit issued: September 16, 2016.
Permit No. 58164110. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for Macnew Compressor Station and Silos in Brooklyn Township, Susquehanna County with an expiration date of December 1, 2016. Permit issued: September 16, 2016.
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 AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and The Clean Streams Law and Notice of Final Action for Certification under section 401 of the FWPCA.
Permits, Environmental Assessments and 401 Water Quality Certifications Issued:
WATER OBSTRUCTIONS AND ENCROACHMENTS Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E66-163. Tunkhannock Township, 113 Tunkhannock Township Drive, Tunkhannock, PA 18657. Tunkhannock Township, Wyoming County, Army Corps of Engineers Baltimore District.
To place approximately 0.85 acre of fill in a floodplain of Tunkhannock Creek in Lazy Brook Park. The project is located along the right side of Lazy Brook Creek and on the southeast side of SR 0006 (Tunkhannock, PA Quadrangle Latitude: 41°33`18.3"; Longitude: -75°53`44.2"). Subbasin: 4F.
E66-161. Clinton Township, 161 College Avenue, Factoryville, PA 18419. Clinton Township/Factoryville Borough, Wyoming County, Army Corps of Engineers Baltimore District.
To construct and maintain a joint municipal park with a soccer field, gravel parking, concrete sidewalks and stormwater collection system. The project includes the excavation within the floodway/floodplain of the South Branch of Tunkhannock Creek (TSF, MF). The project is located on the south side of Creek Road approximately 2,000 feet west of its intersection with State Route 1017 (Factoryville, PA Quadrangle Latitude: 41°33`47.9"; Longitude: -75°47`37.2"). Subbasin: 4F.
E64-306. Mr. John Esposito, 588 Bloomfield Avenue, Apartment 18B, West Caldwell, NJ 07006. Lehigh Township, Wayne County, Army Corps of Engineers Philadelphia District.
To construct and maintain a 5-foot wide × 20-foot long pile-supported wooden dock in Pocono Peak Lake (EV). The project is located at Lot 17B in Pocono Springs Estates, approximately 400 feet northeast of the intersection of Pocono Drive and Fern Lane (Sterling, PA Quadrangle Latitude: 41°16`27.23"; Longitude: -75°24`33.43"). Subbasin: 1C.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E41-674. Transcontinental Gas Pipe Line Company, 99 Farber Road, Princeton, NJ 08540. Muncy Creek Stabilization in Wolf Township, Lycoming County, ACOE Baltimore District (Picture Rocks, PA Quadrangle Lat: 41° 16` 13.8"; Long: -76° 42` 56.6").
Transco has applied for a Small Projects—Joint Permit Application to construct, operate and maintain existing gas line along Muncy Creek in Wolf Township, Lycoming County. The project is proposing to conduct maintenance and stabilization activities on two exposed pipelines. The pipelines, Leidy Line ''A'' and ''B'', are two of four pipelines at this crossing, and have become exposed in the west side of the channel due to increase erosion of the stream bead and bank. Transco is proposing to install a rock arch weir as a grade control structure. In addition, the exposed pipes will be recoated and streambank protection will be added along the western bank.
The project proposes to have the following impacts
ID Steam Name Chapter 93 Classification Temporary Impact area Length (LF) Permanent Impact area Length (LF) Latitude/
LongitudeRock Weir Muncy Creek TSF, MF 0 240 41° 16` 13.8" 76° 42` 56.6"
The total estimated permanent stream disturbance for the project is approximately 17,535 SF of permanent impacts.
The proposed crossings will not permanently impact cultural or archaeological resources, national/state/local parks, forests recreational areas, landmarks wildlife refuge, or historical sites. Muncy Creek is classified with a designated use of Trout Stocked Fishery (TSF).
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E03-466, PennDOT District 10-0, 2550 Oakland Avenue, Indiana, PA 15701, Manor Township and Kittanning Township, Armstrong County, Pittsburgh ACOE District.
Has been given consent to:
1. Place and maintain fill in 1,216` of an unnamed tributary to Rupp Run (WWF) with a drainage area of less than 100 acres; construct and maintain a 921` long relocated replacement channel;
2. Abandon in place an existing 295` long 24" reinforced concrete enclosure carrying the aforementioned UNT to Rupp Run (WWF); construct and maintain a replacement 228` long 3` diameter enclosure in a parallel location under SR 422;
3. In addition, place and maintain fill in 0.5 acre of PEM wetland, construct and remove temporary encroachments associated with project construction, and construct and maintain roadway associated stormwater outfalls. Stream and wetland mitigation will take place onsite.
This work is associated with the SR 422 Improvement Project, beginning approximately 0.5 miles east of the intersection of SR 422 and SR 28/66 and extending east 1.1 miles along SR 422 (Mosgrove Quadrangle, Latitude: 40° 41` 50.96", Longitude: -79° 28` 38.07) in Manor and Kittanning Townships, Armstrong County.
E32-519, PennDOT District 10-0, 2550 Oakland Avenue, P.O. Box 429, Indiana, PA 15701, Plumville Borough, Indiana County, Pittsburgh ACOE District.
Has been given consent to:
Remove the existing SR 0085 25` span by 28.53` long single span concrete arch bridge having an underclearance of 8.3` and construct and maintain a replacement 18.5` wide by 60.5` long, concrete box culvert having a underclearance of 9.5` over North Branch of Plum Creek (CWF) with a drainage area of 3.27 square miles; construct and maintain roadway associated stormwater outfalls; construct and remove construction related temporary encroachments. The project is associated with the SR 0085 improvement project, and is located at the intersection of S.R. 0085 and Rossmoyne Road (Plumville Quadrangle, Latitude: 40° 47` 47.04", Longitude: -79° 10` 21.72") in Plumville Borough, Indiana County.
E63-682, Pennsylvania Turnpike Commission, 700 South Eisenhower Boulevard, Harrisburg, PA 17057, Robinson Township, Washington County, Pittsburgh ACOE District.
Has given consent to:
1. Place and maintain fill in 58 LF of an Unnamed Tributary (UNT) to Saint Patrick Run (aka UNT 9 Saint Patrick Run) (WWF);
2. Place and maintain fill in 828 LF of an Unnamed Tributary to Saint Patrick Run (aka UNT 7 Saint Patrick Run) (WWF);
3. Construct and maintain an 843` × 7.5` culvert in a UNT to Little Raccoon Run (aka UNT 2 Little Raccoon Run) (WWF);
4. Place and maintain 37,340 SF of fill in the floodplain of a UNT to Little Raccoon Run (aka UNT 2 Little Raccoon Run) (WWF);
5. Relocate and maintain 133 LF of a UNT to Little Raccoon Run (aka UNT 2 Little Raccoon Run) (WWF);
6. Relocate and maintain 298 LF of a UNT to Little Raccoon Run (aka UNT 1 Little Raccoon Run) (WWF);
7. Construct and maintain a 25 LF temporary crossing of a UNT to Little Raccoon Run (aka UNT 1 Little Raccoon Run) (WWF);
8. Place and maintain 24,441.5 SF of fill in the floodplain of a UNT to Little Raccoon Run (aka UNT 1 Little Raccoon Run) (WWF);
9. Place and maintain fill in 434 LF of a UNT to Little Raccoon Run (aka UNT 7 Little Raccoon Run) (WWF);
10. Construct and maintain a 1018` × 5` culvert in a UNT to Little Raccoon Run (aka UNT 4 Little Raccoon Run) (WWF);
11. Place and maintain a 30 LF temporary stream crossing in a UNT to Little Raccoon Run (aka UNT 10 Little Raccoon Run) (WWF);
12. Relocate and maintain 117.5 LF of a UNT to Little Raccoon Run (aka UNT 8 Little Raccoon Run) (WWF);
13. Restore and maintain 530 LF of the aforementioned UNT to Little Raccoon Run (aka UNT 8 Little Raccoon Run) (WWF) following removal of a man-made pond;
14. Place and maintain a 62.5 LF extension of an existing culvert in the aforementioned UNT to Little Raccoon Run (aka UNT 8 Little Raccoon Run) (WWF);
15. Place and maintain 14,972 SF of fill in the floodplain of a UNT to Little Raccoon Run (aka UNT 2 Little Raccoon Run) (WWF);
16. Relocate and maintain 75.5 LF of a UNT to Little Raccoon Run (aka UNT 8 Little Raccoon Run) (WWF);
17. Relocate and maintain 416 LF of a UNT to Little Raccoon Run (aka UNT 1 Little Raccoon Run) (WWF);
18. Place and maintain 1,838 SF of fill in the floodplain of a UNT to Little Raccoon Run (aka UNT 2 Little Raccoon Run) (WWF);
19. Place and maintain 7,100 SF of fill in the floodplain of a UNT to Little Raccoon Run (aka UNT 8 Little Raccoon Run) (WWF);
20. Place and maintain 5,633 SF of fill in the floodplain of a UNT to Little Raccoon Run (aka UNT 8 Little Raccoon Run) (WWF);
21. Place and maintain fill in 1,006 LF of a UNT to Little Raccoon Run (aka UNT 1 Little Raccoon Run) (WWF);
22. Place and maintain fill in 20 LF of a UNT to Little Raccoon Run (aka UNT Stream A to Little Raccoon Run) (WWF);
23. Place and maintain fill in 743 LF of a UNT to Little Raccoon Run (aka UNT 9 Little Raccoon Run) (WWF);
24. Place and maintain fill in 494 LF of a UNT to Little Raccoon Run (aka UNT 7 Little accoon Run) (WWF);
25. Construct and maintain a 697` × 4` culvert in a UNT to Little Raccoon Run (aka Tributary B to Little Raccoon Run UNT 12) (WWF);
26. Place and maintain fill in 50 LF of a UNT to Little Raccoon Run (aka UNT 7 Little Raccoon Run) (WWF);
27. Place and maintain fill in 50 LF of a UNT to Little Raccoon Run (aka UNT 10 Little Raccoon Run) (WWF);
28. Place and maintain a 6 LF extension of an existing culvert in a UNT to Little Raccoon Run (aka UNT 1 Little Raccoon Run) (WWF);
29. Place and maintain fill in several wetlands (PEM, PSS, and PFO), affecting approximately 3.388 acres of wetlands, and temporarily affecting an additional 1.094 acre of wetlands in the Saint Patrick Run and Little Raccoon Run watersheds;
30. Install and maintain road associated stormwater facilities and outfalls in the St. Patrick's Run and Little Raccoon Run Watersheds (WWF).
In association with constructing a new 3.2 mile section (Section 55A1) of the Pennsylvania Turnpike, between US 22 and Quicksilver Road, as a component of the overall construction of a new 13.3 mile section (aka The Southern Beltway Project) of the Pennsylvania Turnpike, between U.S Route 22, and Interstate 79 (a.k.a. The Southern Beltway project). The structures and activities requiring authorization for Section 55A1 in Robinson Township, Washington County (Clinton, PA Quadrangle; starting at Latitude: 40° 25` 24" Longitude: -80° 19` 7"; and ending at Latitude: 40° 23` 21" Longitude: -80° 16` 48") will permanently impact a total of approximately 7289 linear feet (LF) of various watercourses and 3.388 acre of wetland, and temporarily impact a total of approximately 105 LF of various watercourses and 1.094 acre of wetland. Two mitigation projects will compensate for the impacts to aquatic resources from Section 55A1. To compensate for the watercourse impacts associated with Section 55A1 of the Southern Beltway Project, the stream mitigation plan includes the reconstruction, rehabilitation, and enhancement of approximately 9,092 LF of various tributaries in the Buck Run watershed, in Donegal Township, Washington County (West Middletown, PA Quadrangle; Latitude: 40° 8` 34" Longitude: -80° 25` 10"). Although final plans for future projects are not available, the applicant estimates that the aforementioned future subprojects and the current project will permanently affect a cumulative total of approximately for 4.56 acres of permanent wetland impacts. As compensation for these wetland impacts, the applicant will construct approximately 8.3 acres of wetlands, at a site approximately 0.5 mile west of the intersection of S.R. 18, and Joffre Bulger Road, in Smith Township, Washington County (Clinton, PA Quadrangle; Latitude: 40° 23` 16" Longitude: -80° 22` 24").
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 AT&T 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.
Northcentral Region: Waterways & Wetlands Program Manager, 208 W Third Street, Williamsport, PA 17701.
ESCP 2 # ESG 040001 50001 (1)
Applicant Name UGI, Sunbury, LLC
Contact Person Casey Monagan
Address 1525 SR 292 East
City, State, Zip Dallas, PA 18612
County Northumberland, Lycoming, Snyder
Township(s) East Chillisquaque Twp, Franklin Twp,
Shamonkin Dam Borough
Receiving Stream(s)and Classification(s) UNT to Beaver
Run, CWF
UNT to Chillisquaque Creek and UNTs, WWF
UNT to Susquehanna River, WWFEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX10-081-0083(02)
Applicant Name Range Resources—Appalachia LLC
Contact Person John Applegath
Address 80 Health Drive
City, State, Zip Lock Haven, PA 17745
County Lycoming
Township(s) Cogan House & Lewis
Receiving Stream(s) and Classification(s) Wolf Run
(HQ-CWF); Steam Valley Run (HQ-CWF); Trout
Run (HQ-CWF)
Secondary—Lycoming Ck (EV)ESCGP-2 # ESX11-081-0134(01)
Applicant Name Range Resources—Appalachia LLC
Contact Person Chris Waddell
Address 80 Health Drive
City, State, Zip Lock Haven, PA 17745
County Lycoming
Township(s) Anthony
Receiving Stream(s) and Classification(s) UNTs to Larrys
Ck (EV); UNTs to Stony Gap Run (HQ-CWF)
Secondary—Larrys Ck (EV); Stony Gap Run (HQ-CWF)ESCGP-2 # ESX11-081-0071(01)
Applicant Name Range Resources—Appalachia LLC
Contact Person John Applegath
Address 80 Health Drive
City, State, Zip Lock Haven, PA 17745
County Lycoming
Township(s) Cogan House
Receiving Stream(s) and Classification(s) Hoagland Run
(HQ-CWF)
Secondary—Lycoming Ck (EV)ESCGP-2 # ESX11-081-0093(01)
Applicant Name Range Resources—Appalachia LLC
Contact Person Mike Middlebrook
Address 80 Health Drive
City, State, Zip Lock Haven, PA 17745
County Lycoming
Township(s) Cogan House
Receiving Stream(s) and Classification(s) Roaring Run
(EV)
Secondary—Larrys Ck (EV)
STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P.S. §§ 6021.304, 6021.504, 6021.1101—6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, PO Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name &
AddressCounty Municipality Tank
TypeTank
Capacity16-04-013 MPLX Terminals, LLC
539 South Main Street
Findlay, OH 45480
Attn: William MooreBeaver Industry Borough 3 ASTs storing biodiesel and ethanol 120,800 gallons total
SPECIAL NOTICES
Public Hearing Regarding a Draft NPDES Permit to Authorize the Discharge of Treated Wastewater to Waters of the Commonwealth Northeast Regional Office: Clean Water Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915. Phone: 570.826.2511.
The Department of Environmental Protection will host a public hearing regarding a draft National Pollution Discharge Elimination System (NPDES) Permit (Permit No. PA0026492) renewal to authorize the discharge of treated wastewater to waters of the Commonwealth from the Scranton Sewer Authority Waste Water Treatment Plant located at Cedar Avenue and Breck Street in Scranton, Lackawanna County by the Scranton Sewer Authority located at 312 Adams Avenue in Scranton, Lackawanna County.
The public hearing will be held on November 2, 2016 from 6:00—9:00 PM at Council Chambers, Scranton City Hall, 340 N Washington Ave., Scranton, PA 18503. The Department is holding the public hearing in response to a request from the Scranton Sewer Authority due to anticipated public interest in the draft NPDES Permit. The purpose of the hearing will be to receive public comment regarding the draft NPDES Permit.
The draft NPDES Permit is for the continued discharge of 20 MGD annual average dry weather flow to the Lackawanna River, a designated cold water fishery (CWF) and migratory fishery (MF) through Outfall 001. The NPDES Permit also includes 80 combined sewage overflow outfalls that may discharge under wet weather conditions to the following waters of the Commonwealth: Lackawanna River (CWF-MF), Roaring Brook (CWF), Stafford Meadow Brook (warm water fishery), Little Roaring Brook (CWF), Keyser Creek (CWF), Leggetts Creek (CWF-trout stocking fishery), and Meadow Brook (CWF).
The Department published notice in the Pennsylvania Bulletin on October 1, 2016 and solicited written comment concerning draft effluent limits to be imposed through the permit. The Department requests that individuals wishing to testify at the hearing notify Colleen Connolly, Community Relations Coordinator: coconnolly@pa.gov. Individuals attending the hearing will have the opportunity to testify if they so desire; however, individuals who notify the Department in advance will be given priority on the agenda.
The Department requests that attendees limit their testimony to no more than 5 minutes per person so that all individuals have the opportunity to participate. Relinquishing time to others will not be allowed. Also, the Department requests that comments stay within the scope of the meeting, particularly comments related to draft NPDES Permit No. PA0026492. Written copies of anticipated oral testimony are requested and can be submitted at the meeting.
A copy of the draft permit, fact sheet, and application can be viewed at DEP's Northeast Regional Office in Wilkes-Barre. Those wishing to make an appointment to view the documents can do so between the hours of 8 a.m—4 p.m. by calling 570-826-2511.
Individuals in need of an accommodation as provided for in the Americans with Disabilities Act of 1990 should contact Colleen Connolly or make accommodations through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD).
Proposed Conditional State Water Quality Certification for the Emsworth Back Channel Hydroelectric Project; DEP File No. WQ05-004; FERC Project No. 13761 On March 14, 2014, FFP Missouri 6, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 12-megawatt (MW) hydroelectric facility at the Emsworth back channel dam, which is owned and operated by the U.S. Army Corps of Engineers (Corps), on the Ohio River, at river mile 6.8, in Allegheny County, Pennsylvania (Project). The Applicant is required pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)) to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the act.
On September 14, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new, approximately 100-foot-long intake channel to be excavated into the riverbed, upstream of the proposed powerhouse. Two (2) 50-foot-wide, 40-foot-high spillway gate bays would be constructed along the river side of the excavated intake channel, to pass flow equivalent to the Corps' existing gate bay that will be replaced. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 5-inch bar spacing, to a new reinforced concrete powerhouse that is 30 feet long, 180 feet wide and 63.5 feet in height. The powerhouse would house two (2) identical horizontal pit Kaplan turbine generator units with a combined capacity of 12 MW. Flows would exit the powerhouse into an approximately 190-foot-long tailrace excavated into the riverbed. Project power would be transmitted from the powerhouse to a new project substation with a 188-foot-long, medium-voltage buried cable, and then from the new substation to an existing substation with a 3,758-foot-long, 69-kilovolt overhead transmission line.
The Department, by this notice, proposes to certify that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of the act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), and will not violate the Commonwealth's water quality standards, provided that the construction, operation and maintenance of the Project complies with the conditions for this certification as listed below, and the terms and conditions of the State law permits required to demonstrate compliance with Pennsylvania Water Quality Standards:
1. Discharge Permit—If the proposed facility will result in a discharge into waters of the Commonwealth, the Applicant shall, prior to construction, obtain and comply with a National Pollutant Discharge Elimination System (NPDES) permit from the Department for discharges to waters of the Commonwealth pursuant to the Clean Streams Law (35 P.S. §§ 691.1—691.1001), and applicable regulations implementing the Clean Streams Law, including, but not limited to, 25 Pa. Code Chapters 91, 92a, 93 and 96. As part of the NPDES permit application for the Project, the Applicant shall provide the Department with information on the potential impacts of the Project on water quality and measures that will be taken to avoid, minimize and/or mitigate those impacts, including information on the type, volume and concentration of pollutants that may be discharged, impacts to Federal and State threatened and endangered species and other species of special concern, impacts on the flow and dissolved oxygen levels of the impacted waters, and measures to be taken to avoid water quality impacts, and impingement, entrainment, habitat destruction, and other adverse impacts on fish and wildlife species. The applicant shall also submit a plan as part of the permit application to prevent pollutants from directly or indirectly reaching waters of the Commonwealth through accident, carelessness, maliciousness, hazards of weather or from other causes consistent with 25 Pa. Code § 91.34. The Applicant shall assess impacts and develop best management practices as part of its permit application consistent with applicable Department technical guidance.
2. Erosion and Sediment Control—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 102. The Applicant shall obtain and comply with an NPDES permit from the Department for the discharge of stormwater if the earth disturbance activities associated with the Project will result in a total disturbance equal to or greater than 1 acre. Earth disturbance activities associated with discharging dredged or fill material from the Project to waters of the United States which require permit coverage under Section 404 of the Clean Water Act (33 U.S.C.A. § 1344) need not obtain an additional NPDES Permit from the Department for earth disturbance activities covered by the Section 404 permit. The Applicant shall submit final detailed erosion and sediment control and post construction stormwater management plans for all Project activities to the Department and County Conservation District for their review and approval prior to commencement of construction. Specific guidance on the requirements of the NPDES Permit for Stormwater Discharges Associated with Construction Activities can be obtained from the County Conservation District or the DEP Regional Office.
3. Water Obstruction and Encroachment Permit—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 105 relating to dam safety and waterway management. The Applicant shall obtain and comply with a Chapter 105 Water Obstruction and Encroachment Permit (WO&EP) issued by the Department for the construction, operation and maintenance of any water obstruction or encroachment associated with the Project that is not part of the Corps' dam or its appurtenant works pursuant to the Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601), and all applicable implementing regulations. Project activities requiring a WO&EP may include, but are not limited to, access roads, buildings, penstocks, outfalls, utility lines, pipelines, and staging areas.
4. Submerged Lands License Agreement—The Applicant shall obtain and comply with a Submerged Lands License Agreement pursuant to Pennsylvania's Dam Safety and Encroachments Act (32 P.S. § 693.15) from the Department to occupy submerged lands of the Commonwealth in navigable waters as necessary to construct, operate and maintain the Project.
5. Water Resource Planning Act Registration—In accordance with the Pennsylvania Water Resources Planning Act (27 Pa.C.S. § 3118) and the regulations thereunder (25 Pa. Code Chapter 110), FFP Missouri 5, LLC must register the hydropower facility with the Department and report water usage to the Department annually.
6. Limited Power Permit—The Applicant shall obtain and comply with a permit from the Department as required by the act of June 14, 1923 (32 P.S. §§ 591—625) related to the construction of a power dam or for a change in stream to develop power. The Applicant shall submit an application for this permit to the Department on the form available from the Department.
7. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project.
8. Preparedness, Prevention and Contingency Plan—The Applicant shall develop and maintain on site a Preparedness, Prevention and Contingency Plan (PPC Plan) for any project activities utilizing pollutants pursuant to 25 Pa. Code § 91.34. The PPC Plan shall be developed in accordance with the ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans'' which can be found at: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-48522/400-2200-001.pdf.
9. Operation—The Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by the Applicant.
10. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be made available for inspection by the Department during such inspections of the Project.
11. Transfer of Projects—If the Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, the Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Southwest Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them. The existing owner shall continue to be responsible for construction and operations at the Project until a transfer to the new owner has been completed.
12. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, and shall reference DEP File No. WQ05-004, APS ID # 888631, or Authorization No. 1103951.
13. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that the Applicant has not complied with the terms and conditions of this certification. The Department reserves the right to require additional measures to achieve compliance with applicable laws and/or regulations, subject to the Applicant's applicable procedural and substantive rights.
14. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve the Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
15. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
The Department will consider all comments received on or before November 1, 2016, before taking final action on this conditional State Water Quality Certification. Comments submitted by facsimile will not be accepted. All comments, including comments submitted by electronic mail, must include the originator's name and address. Commentators are urged to submit comments using the Department's online eComment system at www.ahs.dep.pa.gov/eComment. Written comments should be submitted by email to ecomments@pa.gov, or by mail to the Department of Environmental Protection, Southwest Regional Office, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
Proposed Conditional State Water Quality Certification for the Montgomery Locks and Dam Hydroelectric Project; DEP File No. WQ05-005; FERC Project No. 13768 On March 14, 2014, Solia 6 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 42-megawatt (MW) hydroelectric facility at the Montgomery Locks and Dam, which is owned and operated by the U.S. Army Corps of Engineers (Corps), on the Ohio River, at river mile 31.7, in Beaver County, Pennsylvania (Project). The Applicant is required pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)) to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the act.
On September 14, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new, approximately 340-feet-long intake channel to be excavated into the riverbed immediately downstream of two of the dam's existing bays. Two (2) new spillway gate bays, with a combined width of 200 feet, would be constructed along the river side of the excavated intake channel, to pass flow equivalent to one existing gate bay. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack, with 5-inch bar spacing, to a new reinforced concrete powerhouse. The powerhouse would house three (3) identical horizontal pit Kaplan turbine-generator units, with a combined capacity of 42 MW. Flows would exit the powerhouse into an approximately 280-foot-long tailrace excavated into the riverbed. Project power would be transmitted from the powerhouse, to a new project substation, with a 15-foot-long, medium-voltage buried cable, and then from the new substation to an interconnection point in an existing distribution line, with a 392-foot-long, overhead transmission line, with a voltage between 69-kilovolt (kV) and 138 kV.
The Department, by this notice, proposes to certify that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of the act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), and will not violate the Commonwealth's water quality standards, provided that the construction, operation and maintenance of the Project complies with the conditions for this certification as listed below, and the terms and conditions of the State law permits required to demonstrate compliance with Pennsylvania Water Quality Standards:
1. Discharge Permit—If the proposed facility will result in a discharge into waters of the Commonwealth, the Applicant shall, prior to construction, obtain and comply with a National Pollutant Discharge Elimination System (NPDES) permit from the Department for discharges to waters of the Commonwealth pursuant to the Clean Streams Law (35 P.S. §§ 691.1—691.1001), and applicable regulations implementing the Clean Streams Law, including, but not limited to, 25 Pa. Code Chapters 91, 92a, 93 and 96. As part of the NPDES permit application for the Project, the Applicant shall provide the Department with information on the potential impacts of the Project on water quality and measures that will be taken to avoid, minimize and/or mitigate those impacts, including information on the type, volume and concentration of pollutants that may be discharged, impacts to Federal and State threatened and endangered species and other species of special concern, impacts on the flow and dissolved oxygen levels of the impacted waters, and measures to be taken to avoid water quality impacts, and impingement, entrainment, habitat destruction, and other adverse impacts on fish and wildlife species. The applicant shall also submit a plan as part of the permit application to prevent pollutants from directly or indirectly reaching waters of the Commonwealth through accident, carelessness, maliciousness, hazards of weather or from other causes consistent with 25 Pa. Code § 91.34. The Applicant shall assess impacts and develop best management practices as part of its permit application consistent with applicable Department technical guidance.
2. Erosion and Sediment Control—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 102. The Applicant shall obtain and comply with an NPDES permit from the Department for the discharge of stormwater if the earth disturbance activities associated with the Project will result in a total disturbance equal to or greater than 1 acre. Earth disturbance activities associated with discharging dredged or fill material from the Project to waters of the United States which require permit coverage under Section 404 of the Clean Water Act (33 U.S.C.A. § 1344) need not obtain an additional NPDES Permit from the Department for earth disturbance activities covered by the Section 404 permit. The Applicant shall submit final detailed erosion and sediment control and post construction stormwater management plans for all Project activities to the Department and County Conservation District for their review and approval prior to commencement of construction. Specific guidance on the requirements of the NPDES Permit for Stormwater Discharges Associated with Construction Activities can be obtained from the County Conservation District or the DEP Regional Office.
3. Water Obstruction and Encroachment Permit—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 105 relating to dam safety and waterway management. The Applicant shall obtain and comply with a Chapter 105 Water Obstruction and Encroachment Permit (WO&EP) issued by the Department for the construction, operation and maintenance of any water obstruction or encroachment associated with the Project that is not part of the Corps' dam or its appurtenant works pursuant to the Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601), and all applicable implementing regulations. Project activities requiring a WO&EP may include, but are not limited to, access roads, buildings, penstocks, outfalls, utility lines, pipelines, and staging areas.
4. Submerged Lands License Agreement—The Applicant shall obtain and comply with a Submerged Lands License Agreement pursuant to Pennsylvania's Dam Safety and Encroachments Act (32 P.S. § 693.15) from the Department to occupy submerged lands of the Commonwealth in navigable waters as necessary to construct, operate and maintain the Project.
5. Water Resource Planning Act Registration—In accordance with the Pennsylvania Water Resources Planning Act (27 Pa.C.S. § 3118) and the regulations thereunder (25 Pa. Code Chapter 110), FFP Missouri 5, LLC must register the hydropower facility with the Department and report water usage to the Department annually.
6. Limited Power Permit—The Applicant shall obtain and comply with a permit from the Department as required by the act of June 14, 1923 (32 P.S. §§ 591—625) related to the construction of a power dam or for a change in stream to develop power. The Applicant shall submit an application for this permit to the Department on the form available from the Department.
7. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project.
8. Preparedness, Prevention and Contingency Plan—The Applicant shall develop and maintain on site a Preparedness, Prevention and Contingency Plan (PPC Plan) for any project activities utilizing pollutants pursuant to 25 Pa. Code § 91.34. The PPC Plan shall be developed in accordance with the ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans'' which can be found at: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-48522/400-2200-001.pdf.
9. Operation—The Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by the Applicant.
10. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be made available for inspection by the Department during such inspections of the Project.
11. Transfer of Projects—If the Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, the Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Southwest Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them. The existing owner shall continue to be responsible for construction and operations at the Project until a transfer to the new owner has been completed.
12. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, and shall reference DEP File No. WQ05-005, APS ID # 889165, or Authorization No. 1104889.
13. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that the Applicant has not complied with the terms and conditions of this certification. The Department reserves the right to require additional measures to achieve compliance with applicable laws and/or regulations, subject to the Applicant's applicable procedural and substantive rights.
14. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve the Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
15. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
The Department will consider all comments received on or before November 1, 2016, before taking final action on this conditional State Water Quality Certification. Comments submitted by facsimile will not be accepted. All comments, including comments submitted by electronic mail, must include the originator's name and address. Commentators are urged to submit comments using the Department's online eComment system at www.ahs.dep.pa.gov/eComment. Written comments should be submitted by email to ecomments@pa.gov, or by mail to the Department of Environmental Protection, Southwest Regional Office, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
Proposed State Water Quality Certification Required by Section 401 of the Clean Water Act for the Rover Pipeline Project—Burgettstown Lateral Pipe and Compressor Station Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Rita A. Coleman, 412-442-4314.
WQ05-007, Rover Pipeline, LLC (Applicant), 1300 Main Street, Houston, TX 77002. Burgettstown Lateral Pipe and Compressor Station (Project). The proposed project begins southeast of the intersection of Creek Road and Point Pleasant Road in Smith Township, and continues into West Virginia near the intersection of Aunt Clara Road and Hudson Hill Road in Hanover Township, (Start: Clinton, PA USGS Topographic Quadrangle N: 40°, 24`, 49"; W: -80°, 21`, 26"; End: Burgettstown, PA USGS Topographic Quadrangle N: 40°, 27`, 39"; W: -80°, 31`, 3"), in Washington County, Pittsburgh Corps District.
On February 20, 2015, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP15-93-000). This application may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-93).
On January 12, 2016, Applicant requested a state water quality certification from the Pennsylvania Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The Project in Pennsylvania, as proposed, includes approximately 10.4 miles of new 36-inch-diameter pipeline (Burgettstown Lateral) system that will cross 31 streams and nine wetlands; a new compressor station and meter station on the same site; and two temporary gravel access roads. The proposed Project in Pennsylvania, will require approximately 177.3 acres of earth disturbance, and impacts to 139 linear feet of streams including Raccoon Creek and twelve Unnamed Tributaries (UNT's) to Raccoon Creek (WWF); Kings Creek and five UNT's to Kings Creek (WWF); Aunt Clara Fork and seven UNT's to Aunt Clara Fork (CWF), 4.8 acres of floodway, 0.92 acre of temporary wetland impacts, and 0.062 acre of permanent wetland impacts that are associated with permanent right-of-way maintenance.
The Department anticipates issuing a state water quality certification to Applicant for the Project that will require compliance with the following State water quality permitting programs, criteria and conditions established pursuant to State law to ensure the Project does not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93:
1. Discharge Permit—Applicant shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department during such inspections of the Project.
7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Rita A. Coleman, 400 Waterfront Drive, Pittsburgh, PA 15222.
9. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
10. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
11. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Prior to issuance of the final state water quality certification, the Department will consider all relevant and timely comments, suggestions or objections submitted to the Department within 30 days of this notice. Comments should be directed to Rita A. Coleman, Program Manager, Waterways and Wetlands Program, at the above address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.
[Pa.B. Doc. No. 16-1681. Filed for public inspection September 30, 2016, 9:00 a.m.]
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