[46 Pa.B. 6331]
[Saturday, October 8, 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
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100.
56981301 and NPDES No. PA0215121. Quecreek Mining, Inc., (1576 Stoystown Road, PO Box 260, Friedens, PA 15541). To revise the permit for the Quecreek No. 1 Mine in Lincoln and Somerset Townships, Somerset County and related NPDES permit to permit second mining in open areas. No additional discharge. The application was considered administratively complete on March 18, 2016. Application received November 25, 2015. Permit issued September 15, 2016.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
33-13-17 and NPDES Permit No. PA0259667. P. and N. Coal Company, Inc. (P.O. Box 332, Punxsutawney, PA 15767) Proposal to enter into a Government Financed Construction Contract on a 20.3 acre site in Rose & Clover Townships, Jefferson County. The proposal includes the incidental removal of coal and the reclamation of 9.9 acres of poorly revegetated and inadequately reclaimed highwall. Receiving streams: Rattlesnake Run. Application received: February 11, 2016. Contract Issued: September 20, 2016.
16060102. Terra Works, Inc. (49 South Sheridan Road, Clarion, PA 16214) Transfer of an existing bituminous surface mine from Glenn O. Hawbaker, Inc. in Beaver & Licking Townships, Clarion County, affecting 29.0 acres. Receiving streams: Unnamed tributaries to the Clarion River. Application received: January 6, 2016. Permit Issued: September 22, 2016.
16000101. Terra Works, Inc. (49 South Sheridan Road, Clarion, PA 16214) Transfer of an existing bituminous surface mine from Glenn O. Hawbaker, Inc. in Licking & Richland Townships, Clarion County, affecting 83.6 acres. Receiving streams: Two unnamed tributaries to the Clarion River. Application received: January 6, 2016. Permit Issued: September 22, 2016.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 56150301, Keystone Lime Company, Inc., P.O. Box 278, Springs, PA 15562 commencement, operation and restoration of a large noncoal (industrial minerals) operation located in Addison and Elk Lick Townships, Somerset County, affecting 149.1 acres. Receiving streams: Christner Run, Zehner Run and Big Shade Run classified for the following use: high quality cold water fishes and cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: December 18, 2015. Permit issued: September 20, 2016.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
42082805. HRI, Inc. (1750 West College Avenue, State College, PA 16801). Final bond release for a small industrial minerals surface mine in Lafayette Township, McKean County. Restoration of 5.0 acres completed. Receiving streams: Camp Run. Application Received: August 18, 2016. Final bond release approved: September 21, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 58162801. Rockstar Quarries, LLC (75 Johnson Hill Lane, Wyalusing, PA 18853), commencement, operation and restoration of a quarry operation in Apolacon Township, Susquehanna County affecting 9.0 acres, receiving stream: no discharge to Choconut Creek. Application received: May 20, 2016. Permit issued: September 19, 2016.
Permit No. PAM116035. Rockstar Quarries, LLC (75 Johnson Hill Lane, Wyalusing, PA 18853), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58162801 in Apolacon Township, Susquehanna County, receiving stream: no discharge to Choconut Creek. Application received: May 20, 2016. Permit issued: September 19, 2016.
Permit No. 66150802. CK Stone, LLC (69 Vago Road, Tunkhannock, PA 18657), commencement, operation and restoration of a quarry operation in Nicholson Township, Wyoming County affecting 10.0 acres, receiving stream: no discharge to unnamed tributary to the South Branch Tunkhannock Creek Watershed. Application received: September 30, 2015. Permit issued: September 20, 2016.
Permit No. PAM115034. CK Stone, LLC (69 Vago Road, Tunkhannock, PA 18657), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 66150802 in Nicholson Township, Wyoming County, receiving stream: no discharge to unnamed tributary to the South Branch Tunkhannock Creek Watershed. Application received: September 30, 2015. Permit issued: September 20, 2016.
Permit No. 58162508. Center Street Rentals, LLC (58 Bridge Street, Tunkhannock, PA 18657), commencement, operation and restoration of a quarry operation in Lenox Township, Susquehanna County affecting 10.0 acres, receiving stream: no discharge to East Branch Tunkhannock Creek. Application received: June 23, 2016. Permit issued: September 20, 2016.
Permit No. PAM116026. Center Street Rentals, LLC (58 Bridge Street, Tunkhannock, PA 18657), NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58162508 in Lenox Township, Susquehanna County, receiving stream: no discharge to East Branch Tunkhannock Creek. Application received: June 23, 2016. Permit issued: September 20, 2016.
Permit No. PAM111007R. Geary Enterprises Concrete, (326 Post Hill Road, Falls, PA 18615), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 66880302 in Falls Township, Wyoming County, receiving stream: Buttermilk Creek. Application received: August 24, 2015. Renewal issued: September 22, 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
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
33164001. P. and N. Coal Company, Inc. (P.O. Box 332, Punxsutawney, PA 15767) Blasting activity permit for blasting on the Baxter GFCC in Rose & Clover Townships, Jefferson County. This blasting activity permit will expire on April 1, 2017. Permit Issued: September 20, 2016.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
08164105. M & J Explosives, LLC (P.O. Box 1248, Carlisle, PA 17013). Blasting for a well pad located in Franklin Township, Bradford County with an expiration date of September 13, 2017. Permit issued: September 19, 2016.
57164101. M & J Explosives, LLC (P.O. Box 1248, Carlisle, PA 17013). Blasting for well pad located in Cherry Township, Sullivan County with an expiration date of September 13, 2017. Permit issued: September 19, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 15164108. Rock Work, Inc., (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Hillendale Project in East Brandywine Township, Chester County with an expiration date of December 31, 2017. Permit issued: September 23, 2016.
Permit No. 23164103. Brubacher Excavating, Inc., (P.O. Box 528, Bowmansville, PA 17507), construction blasting for Promenade at Granite Run in Middletown Township, Delaware County with an expiration date of September 12, 2017. Permit issued: September 23, 2016.
Permit No. 58164111. Meshoppen Blasting, Inc., (P.O. Box 127, Meshoppen, PA 18630), construction blasting for SWN 92 Bolles Pad in Franklin Township, Susquehanna County with an expiration date of September 21, 2017. Permit issued: September 23, 2016.
Permit No. 64164106. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for Garage on Boulder Point Road in Paupack Township, Wayne County with an expiration date of September 18, 2017. Permit issued: September 23, 2016.
Permit No. 64164107. John H. Brainard, (3978 SR 2073, Kingsley, PA 18826), construction blasting for Bill Arrigan house foundation in Preston Township, Wayne County with an expiration date of December 31, 2017. Permit issued: September 23, 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 Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E41-676. Charles T. Nork, 1607 Quenshukney Road, Linden, PA 17744. Recreational structure in Piatt Township, Lycoming County, ACOE Baltimore District (Linden, PA Quadrangle Lat: 41° 11` 45"; Long: -77° 10` 32").
Charles T. Nork has applied for a Small Projects—Joint Permit Application to construct, operate and maintain recreational structure in the floodway of the West Branch Susquehanna River in Piatt Township, Lycoming County. The project is proposing to construct an elevated recreational structure measuring 36` by 36` in the floodway of the West Branch of the Susquehanna River.
The project proposes to have the following impacts
ID Steam
NameChapter 93
ClassificationTemporary
Impact area
Length (LF)Permanent
Impact area
Length (Sq Ft)Latitude/
LongitudeStructure W.Br. Susq River WWF, MF 0 1,296 41° 11` 45" 77° 10` 32"
The total estimated permanent floodway disturbance for the project is approximately 1,296 SF of permanent impacts. There are no proposed waterway impacts.
The proposed construction will not permanently impact cultural or archaeological resources, national/state/local parks, forests recreational areas, landmarks wildlife refuge, or historical sites. West Branch of the Susquehanna River is classified with a designated use of Warm Water Fishery (WWF).
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E11-354, Borough of Ebensburg, 300 West High Street, Ebensburg, PA 15931, Ebensburg Borough, Cambria County, Pittsburgh ACOE District.
Has been given consent to:
1. Construct and maintain a 4.5 foot high dike with a 16 linear foot base width within a UNT to Howell's Run through which a 16 linear foot long 18 inch diameter smooth lined corrugated plastic pipe will be installed to convey this UNT's normal stream flows;
2. Construct and maintain a 7 linear foot concrete weir along the left descending bank of the aforementioned UNT, perpendicular to the aforementioned dike, to direct the 100 year design flows into a 4 foot wide by-pass channel that will be constructed to direct these flows back into the aforementioned UNT at a new location below and downstream of the intersection of Beech Street and Julian Street;
3. Construct and maintain a 50 foot long concrete energy dissipater within the floodway and along the aforementioned UNT to Howell's Run, in association with the aforementioned bypass channel;
4. Construct and maintain a 53 foot long R-5 rip-rap apron at an existing culvert outlet located underneath Julian Street within the aforementioned UNT to Howell's Run;
5. Restabilize 46 linear feet of stream, opposite the aforementioned concrete energy dissipater along the UNT to Howell's Run;
For the purpose of stabilizing the outlet of the existing culvert and to redirect flood flows to protect residential properties downstream. As mitigation for the project, 100 LF of stream channel will be planted with Red Osier Dogwood live stakes. The project is located near the intersection of Beech Street and Julian Street (Quadrangle: Ebensburg Latitude: 40° 29` 32"; Longitude: -78° 43` 42") located in the Borough of Ebensburg, Cambria County. The project cumulatively impacts 112 linear feet of the UNT to Howell's Run (CWF).
Northwest Region: Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, PA 16335.
E37-198, Plenary Walsh Keystone Partners, 2000 Cliff Mine Rd., Park West Two, 3rd Floor, Pittsburgh, PA 15275 in Mahoning Township, Lawrence County, ACOE Pittsburgh District.
To construct and maintain a 6` diameter, 84` long reinforced concrete pipe replacement for the existing S.R. 0224, Section P30 (West State Street) wetland crossing and associated impact to 0.026 acre of wetland (Edinburg, PA Quadrangle N: 41°, 00`, 29.1"; W: -80°, 28`, 6.84")
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, Floor 3, 400 Market Street, P.O. Box 8460, Harrisburg, PA 17105-8460.
D26-001EA. Mr. Steve Leiendecker, Pennsylvania Game Commission, 4820 Route 711, Bolivar, PA 15923, Dunbar Township, Fayette County, USACOE Pittsburgh District.
Project proposes to remove the breached remains of Number 1 Dam on State Game Lands # 51 for the purpose of eliminating a threat to public safety and restoring the stream channel to a free-flowing condition. The project is located across Dunbar Creek (HQ-CWF) (South Connellsville, PA Quadrangle, Latitude: 39.9534; Longitude: -79.5785).
D26-002EA. Mr. Steve Leiendecker, Pennsylvania Game Commission, 4820 Route 711, Bolivar, PA 15923, Dunbar Township, Fayette County, USACOE Pittsburgh District.
Project proposes to remove the breached remains of Number 2 Dam on State Game Lands # 51 for the purpose of eliminating a threat to public safety and restoring the stream channel to a free-flowing condition. The project is located across Dunbar Creek (HQ-CWF) (South Connellsville, PA Quadrangle, Latitude: 39.9517; Longitude: -79.5786).
D26-044EA. Mr. Steve Leiendecker, Pennsylvania Game Commission, 4820 Route 711, Bolivar, PA 15923, Dunbar Township, Fayette County, USACOE Pittsburgh District.
Project proposes to remove the breached remains of Number 3 Dam on State Game Lands # 51 for the purpose of eliminating a threat to public safety and restoring the stream channel to a free-flowing condition. The project is located across Dunbar Creek (HQ-CWF) (South Connellsville, PA Quadrangle, Latitude: 39.9489; Longitude: -79.5785).
D28-102EA. Raymond Zomok, Chief, Division of Design, Department of Conservation and Natural Resources, 8th Floor RCSOB, P.O. Box 8451, Harrisburg, PA 17105-8769, Lurgan Township, Franklin County, USACOE Baltimore District.
Project proposes to remove the Gunter Valley Dam for the purpose of eliminating a threat to public safety and restoring approximately 3,500 feet of stream channel to a free-flowing condition. In addition, two small downstream dams will be removed. The proposed restoration project includes construction of habitat enhancement structures in the stream channel through the former reservoir. The project is located across Trout Run (EV, MF) (Roxbury, PA Quadrangle, Latitude: 40.1338; Longitude: -77.6758).
EA67-016CO. Eugene E. Costello, 130 Pleasant View Drive, Etters, PA 17319, Newberry Township, York County, USACOE Baltimore District.
Project proposes to construct a non-jurisdictional dam impacting approximately 50 linear feet of stream channel. The dam is located across a tributary to Fishing Creek (TSF) (Steelton, PA Quadrangle; Latitude: 40.1505, Longitude: -76.8007).
Water Quality Certification under Section 401 of the Federal Clean Water Act for the Orion Project
Natural Gas Pipeline Project and Related Mitigation; FERC Docket No. CP16-4-000;
PADEP File No. WQ02-002On September 20, 2016, the DEP issued Section 401 Water Quality Certification to Tennessee Gas Pipe Line Company, LLC for the Orion Project. The Pennsylvania Department of Environmental Protection (PADEP) certifies that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The PADEP further certifies that the construction, operation and maintenance of the projects complies with Commonwealth water quality standards and that the construction, operation and maintenance of the projects does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the projects complies with the conditions for this certification, including the criteria and conditions of the following permits:
1. Discharge Permit—Tennessee Gas Pipe Line Company, LLC shall obtain and comply with a PADEP National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Tennessee Gas Pipe Line Company, LLC shall obtain and comply with PADEP's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17) and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Tennessee Gas Pipe Line Company, LLC shall obtain and comply with a PADEP Chapter 105 Water Obstruction and Encroachment Permit for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.) and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—PADEP retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Tennessee Gas Pipe Line Company, LLC.
5. Operation—For each Project under this certification, Tennessee Gas Pipe Line Company, LLC shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this Certification and all required permits. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Tennessee Gas Pipe Line Company, LLC.
6. Inspection—The Projects, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of PADEP to determine compliance with this Certification, including all required permits required, and Pennsylvania's Water Quality Standards. A copy of this Certification shall be available for inspection by the PADEP during such inspections of the Projects.
7. Transfer of Projects—If Tennessee Gas Pipe Line Company, LLC intends to transfer any legal or equitable interest in the Projects which is affected by this Certification, Tennessee Gas Pipe Line Company, LLC shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the PADEP Regional Office of such intent. Notice to PADEP shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of Certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to PADEP concerning this Certification shall be addressed to the Department of Environmental Protection, Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915.
9. Reservation of Rights—PADEP may suspend or revoke this Certification if it determines that Tennessee Gas Pipe Line Company, LLC has not complied with the terms and conditions of this Certification. PADEP may require additional measures to achieve compliance with applicable law, subject to Tennessee Gas Pipe Line Company, LLC's applicable procedural and substantive rights.
10. Other Laws—Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve Tennessee Gas Pipe Line Company, LLC from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or state law or regulation.
11. Severability—The provisions of this Certification are severable and should any provision of this Certification be declared invalid or unenforceable, the remainder of the Certification shall not be affected thereby.
Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. Section 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, 717-787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the board within 30 days. You do not need a lawyer to file an appeal with the board.
Important legal rights are at stake, however, so you should show this document to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the secretary to the board (717-787-3483) for more information.
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.
Southwest Region: Waterways & Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
ESCGP-2 No. Applicant Name &
AddressCounty Municipality Receiving
Water/UseESG0012515002(1) Sunoco Pipeline, LP
525 Fritztown Road
Sinking Spring, PA 19608
Washington County Independence Township, Hopewell Township, Mount Pleasant Township, and Chartiers Township Camp Run (HQ-WWF), Brashears Run (HQ-WWF), UNT to Indian Camp Run (HQ-WWF), Indian Camp Run (HQ-WWF), Sugarcamp Run (HQ-WWF), UNT to Sugarcamp Run (HQ-WWF), UNT to Hanen Run (HQ-WWF), Hanen Run (HQ-WWF), Opossum Hollow (HQ-WWF), UNT to Dunkle Run (HQ-WWF), UNT to Cross Creek (HQ-WWF), Cross Creek (HQ-WWF), UNT to Brush Run (HQ-WWF), UNT to Georges Run (WWF), Georges Run (WWF), UNT to Chartiers Run (WWF), Chartiers Run (WWF) Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX10-081-0011(02)
Applicant Name XTO Energy Inc
Contact Person Stacey Vehovic
Address 395 Airport Rd
City, State, Zip Indiana, PA 15701
County Lycoming
Township(s) Penn
Receiving Stream(s)and Classification(s) Jakes Run (CWF)
Secondary—Little Muncy Ck (CWF)ESCGP-2 # ESX29-081-16-0015
Applicant Name Seneca Resources Corp
Contact Person Douglas Kepler
Address 5800 Corporate Dr, Suite 300
City, State, Zip Pittsburgh, PA 15237
County Lycoming
Township(s) Eldred
Receiving Stream(s) and Classification(s) UNT to Mill Ck (WWF)
Secondary—Mill Ck (WWF)ESCGP-2 # ESG29-105-15-0007(01)
Applicant Name JKLM Energy LLC
Contact Person Scott Blauvelt
Address 2200 Georgetown Dr, Suite 500
City, State, Zip Sewickley, PA 15143
County Potter
Township(s) Ulysses
Receiving Stream(s) and Classification(s) UNTs to Cush-
ing Hollow (HQ-CWF)
Secondary—Cushing Hollow (HQ-CWF)ESCGP-2 # ESG29-117-16-0032
Applicant Name Talisman Energy USA Inc
Contact Person Scott Puder
Address 337 Daniel Zenker Dr
City, State, Zip Horseheads, NY 14845
County Tioga
Township(s) Ward
Receiving Stream(s) and Classification(s) Fall Brook (CWF)
ESCGP-2 # ESG29-081-14-0030(01)
Applicant Name NFG Midstream Trout Run LLC
Contact Person Duane Wassum
Address 6363 Main St
City, State, Zip Williamsville, NY 14221
County Lycoming
Township(s) Lewis & Gamble
Receiving Stream(s) and Classification(s) UNT to Lycom-
ing Ck (HQ-CWF); UNT to Mill Ck (EV)
Secondary—Lycoming Ck (EV); Mill Ck (EV)ESCGP-2 # ESG29-081-16-0019
Applicant Name EXCO Resources (PA) LLC
Contact Person Brian Rushe
Address 260 Executive Dr, Suite 100
City, State, Zip Cranberry Twp, PA 16066
County Lycoming
Township(s) Mifflin
Receiving Stream(s) and Classification(s) Tarkiln Run (EV); UNT to Mud Run (EV)
Secondary—First Fork Larrys Ck (EV); Mud Run (EV)
SPECIAL NOTICES
Proposed State Water Quality Certification Required by Section 401 of the Clean Water Act
for the Leach Xpress ProjectSouthwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Rita Coleman, 412-442-4149.
WQ05-012, Columbia Gas Transmission, LLC (Applicant), 5151 San Felipe Street, # 2400; Houston, TX 77056. Leach Xpress Project (Project), in Richhill Township, Greene County, ACOE Pittsburgh District. Within Pennsylvania, the proposed project starts approximately 0.4 mile south of Majorsville, WV (Majorsville, PA Quadrangle N: 39°, 57`, 36"; W: -80°, 31`, 09") and ends at 0.75 mile north west of the intersection of Fry Hill Road and Coal Rock Road (Majorsville, PA Quadrangle N: 39°, 56`, 22"; W: -80°, 31`, 09").
On June 8, 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. CP15-514-000). The FERC Environmental Assessment for the Project, which was issued on September 1, 2016, may be viewed on FERC's web site at www.ferc.gov (search eLibrary; Docket Search; CP15-514-000).
On March 25, 2016, Applicant requested a State water quality certification from the Pennsylvania Department of Environmental Protection (PADEP), 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 consists of four new natural gas pipelines, totaling 160.67 miles, through West Virginia, Pennsylvania and Ohio. Within Pennsylvania, the Project, as proposed, includes approximately 1.74 mile of 36-inch pipeline, for the purpose of transporting natural gas from Majorsville, PA to the Pennsylvania-West Virginia state line. The Project, as proposed, will require approximately 29.83 acres of earth disturbance, and impacts to 868 linear feet of Unnamed Tributaries of Enlow Fork (WWF), Unnamed Tributaries of Dunkard Creek (WWF), and Dunkard Creek (WWF), 1.98 acre of floodway, 0.09 acre of temporary PEM wetland impacts.
PADEP 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 PADEP National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with PADEP's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a PADEP Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—PADEP retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by 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 PADEP 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 PADEP 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 PADEP Regional Office of such intent. Notice to PADEP shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to PADEP concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Rita Coleman, 400 Waterfront Drive, Pittsburgh, PA 15222.
9. Reservation of Rights—PADEP 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. PADEP 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, PADEP will consider all relevant and timely comments, suggestions or objections submitted to PADEP within 30 days of this notice. Comments should be directed to Rita Graham 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.
Application for an Erosion And Sediment Control General Permit for Earth Disturbance Activities Associated with Oil and Gas Exploration, Production, Processing or Treatment Operations
or Transmission Facilities
National Fuel Gas Supply Corporation and Empire Pipeline, Inc., Northern Access 2016 Project ESG00083160002—National Fuel Gas Supply Corporation and Empire Pipeline, Inc. (Applicant), 1100 State Street, Erie, PA 16501. Northern Access 2016 Project (Project), in Sergeant, Keating, Annin, Eldred, Ceres, and Liberty Townships in McKean County, ACOE Pittsburgh District. The proposed Pennsylvania portion of the project starts at the interconnection/tie-in at the existing NFG Midstream Clermont, LLC, facility along SR 146 approximately 1 mile west of Clermont (Crosby, PA Quadrangle N: 41°42`04.84"; W: 78°29`59.98") in Sergeant Township, McKean County extending generally north crossing through portions of Sergeant, Keating, Annin, Eldred, and Ceres Townships, McKean County, to where it will cross the New York border approximately 2 miles west of where SR 44 crosses the state line (Bullis Mills, PA Quadrangle N: 41°59`57.51"; W: 78°17`56.98") in Ceres Township, McKean County.
Today's Pennsylvania Bulletin includes notices for a request for State Water Quality Certification (WQ42-001) required by Section 401 of the Clean Water Act and a Chapter 105 Joint Permit (E42-367) application under Pennsylvania's Dam Safety and Encroachments Act which are under review by the PADEP.
The Project, as proposed in Pennsylvania, includes approximately 28 mile long, 24-inch pipeline for the purpose of transporting natural gas from Sergeant Township, McKean County, PA to the New York border in Ceres Township, McKean County. Pipeline work also includes three mainline valve sites, cathodic protection, and numerous temporary and permanent access roads to support construction and permanent facility access. Numerous stream and wetland crossings will occur along the project route as described below. The project will utilize one temporary pipe storage yard and one contractor yard along SR 155 south of Port Allegheny Borough in Liberty Township, McKean County. The pipeline route has been co-located to parallel/overlap existing utility Right of Ways (ROW) for a total of 17.75 miles in PA.
The proposed project will require approximately 378 acres of earth disturbance and crossing of 141 streams (including floodways of streams not crossed by the pipeline) and 1 pond, totaling 10,663 linear feet (5,136 linear feet of permanent and 5,527 linear feet of temporary) of impacts to the following surface waters: Bloomster Hollow (CWF) and tributaries; tributaries to Irons Hollow (CWF); Blacksmith Run (CWF) and tributaries; Cloverlot Hollow (CWF) and tributaries; Kent Hollow (CWF) and tributaries; Newell Creek (CWF) and tributaries; Oswayo Creek (CWF) and tributaries; Marvin Creek (CWF) and tributaries; Champlin Hollow (CWF) and tributaries; Open Brook (CWF); Allegheny River (CWF); Rock Run (CWF) and tributaries; Barden Brook (CWF) and tributaries; Potato Creek (TSF) and tributaries; tributaries to Cole Creek (CWF); McCrae Run (CWF) and tributaries; and Pierce Brook (CWF), 20.854 acres (9.837 acres of temporary and 11.017 acres of permanent) of impact to floodways, and 12.350 acres of (5.277 acres of temporary and 7.073 acres of permanent) wetland impacts.
For more detailed information regarding the McKean County Erosion and Sediment Control General Permit related to this proposed project, which is available in the DEP regional office, please contact Lori Boughton at 814-332-6879 to request a file review.
[Pa.B. Doc. No. 16-1724. Filed for public inspection October 7, 2016, 9:00 a.m.]
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