[46 Pa.B. 7543]
[Saturday, December 3, 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. 56900109 and NPDES No. PA0598887. PBS Coals, Inc., P.O. Box 260, Friedens, PA 15541, permit renewal for reclamation only of a bituminous surface mine in Quemahoning and Somerset Townships, Somerset County, affecting 48.2 acres. Receiving stream: Wells Creek classified for the following use: warm water fishes. The first downstream potable water supply intake from the point of discharge is Hooversville Borough Municipal Authority Stonycreek SWI. Application received: August 5, 2016. Permit Issued: November 10, 2016.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
65-15-04 and NPDES Permit No. PA0278173. David L. Patterson, Jr. (12 Short Cut Road, Smithfield, PA 15478). Permit issued for commencement, operation and restoration of a Government Financed Construction Contract to reclaim abandon mine lands, located in Salem Township, Westmoreland County, affecting 60.2 acres. Receiving streams: unnamed tributaries to Beaver Run Reservoir. Application received: November 24, 2015. Permit issued: November 15, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 40900204R5. Silverbrook Anthracite, Inc., (1 Market Street, Laflin, PA 18702), renewal of an existing anthracite coal refuse reprocessing operation in Newport Township and City of Nanticoke, Luzerne County affecting 80.0 acres, receiving stream: Newport Creek. Application received: August 23, 2016. Renewal issued: November 10, 2016.
Permit No. PAM111057R, Silverbrook Anthracite, Inc., (1 Market Street, Laflin, PA 18702), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 40900204 in Newport Township and City of Nanticoke, Luzerne County, receiving stream: Newport Creek. Application received: August 23, 2016. Renewal issued: November 10, 2016.
Permit No. 54851325R6. B & B Anthracite Coal Company, (59 Main Street, Joliette, PA 17981), renewal of an existing anthracite underground mine operation in Tremont Township, Schuylkill County affecting 5.7 acres, receiving stream: Lorberry Creek. Application received: February 4, 2016. Renewal issued: November 15, 2016.
Permit No. PAM116034, B & B Anthracite Coal Company, (59 Main Street, Joliette, PA 17981), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Underground Mining Permit No. 54851325 in Tremont Township, Schuylkill County, receiving stream: Lorberry Creek. Application received: February 4, 2016. Renewal issued: November 15, 2016.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 34162801, National Quarries, LLC, P.O. Box 469 Gladwyne, PA 19035 commencement, operation and restoration of a small noncoal (industrial minerals) operation located in Milford Township, Juniata County, affecting 5.0 acres. Receiving streams: unnamed tributary to/and Juniata River classified for the following use: cold water fishes and warm water fishes. The first downstream potable water supply intake from the point of discharge is Mifflintown Municipal Authority. Application received: March 30, 2016.
PAM 416006—GP104, National Quarries, LLC, P.O. Box 469 Gladwyne, PA 19035. General NPDES Permit for stormwater discharges associated with mining activities on Small Industrial Minerals Number 34162801 located in Milford Township, Juniata County. Receiving streams: unnamed tributary to/and Juniata River classified for the following use: cold water fishes and warm water fishes. The first downstream potable water supply intake from the point of discharge is Mifflintown Municipal Authority. Notice of Intent for Coverage received: March 30, 2016. Permit Issued: November 10, 2016.
Permit No. 34162802, National Quarries, LLC, P.O. Box 469 Gladwyne, PA 19035 commencement, operation and restoration of a small noncoal (industrial minerals) operation located in Milford Township, Juniata County, affecting 5.0 acres. Receiving streams: unnamed tributary to Juniata River classified for the following use: cold water fishes and warm water fishes. The first downstream potable water supply intake from the point of discharge is Mifflintown Municipal Authority. Application received: March 30, 2016. Permit Issued: November 10, 2016.
PAM 416007—GP104, National Quarries, LLC, P.O. Box 469 Gladwyne, PA 19035. General NPDES Permit for stormwater discharges associated with mining activities on Small Industrial Minerals Number 34162802 located in Milford Township, Juniata County. Receiving streams: unnamed tributary to/and Juniata River classified for the following use: cold water fishes and warm water fishes. The first downstream potable water supply intake from the point of discharge is Mifflintown Municipal Authority. Notice of Intent for Coverage received: March 30, 2016. Permit Issued: November 10, 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. 23164104. 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 November 7, 2017. Permit issued: November 10, 2016.
Permit No. 36164170. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Pitney Road Apartments in East Lampeter Township, Lancaster County with an expiration date of November 7, 2017. Permit issued: November 10, 2016.
Permit No. 38164117. Abel Construction Co., Inc., (PO Box 476, Mountville, PA 17554), construction blasting for Windermere Phase II in South Londonderry Township, Lebanon County with an expiration date of November 7, 2017. Permit issued: November 10, 2016.
Permit No. 38164118. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Israel Esh manure pit in South Lebanon Township, Lebanon County with an expiration date of December 20, 2016. Permit issued: November 10, 2016.
Permit No. 15164113. Brubacher Excavating, Inc., (P.O. Box 528, Bowmansville, PA 17507), construction blasting for Paoli Walk in Willistown Township, Chester County with an expiration date of November 9, 2017. Permit issued: November 15, 2016.
Permit No. 22164109. J Roy's, Inc., (P.O. Box 125, Bowmansville, PA 17507), construction blasting for Venice Subdivision in South Hanover Township, Dauphin County with an expiration date of September 27, 2017. Permit issued: November 15, 2016.
Permit No. 45164110. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Suite A, Lackawaxen, PA 18435), construction blasting for Evergreen Estates in Coolbaugh Township, Monroe County with an expiration date of October 10, 2017. Permit issued: November 15, 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.
E45-331 Reopen. Blue Ridge Peat Farm, Inc., R. R. 1, Box 292A, White Haven, PA 18661-9674. Barrett Township, Monroe County, Army Corps of Engineers Philadelphia District.
To operate and maintain a continued peat harvesting operation in approximately 21.6 acres of wetlands. This permit is a re-issuance of Permit No. E45-331 which expired prior to completion of the project. The permittee is required to provide 21.6 acres of replacement wetlands. The project is located on the south side of S.R. 1008, approximately 0.5 mile east of the intersection of S.R. 0191 and S.R. 1008 (Buck Hill Falls, PA Quadrangle Latitude: 41°9`9"; Longitude: -75°16`22"). Subbasin: 1E.
E58-313, Tennessee Gas Pipeline Company, L.L.C., 1001 Louisiana Street, Suite 1000, Houston, TX 77002. Triad Expansion ''300-3 Loop'' Project, in Clifford and Lenox Township, Susquehanna County, ACOE Baltimore District. The proposed project starts approximately 1.1 mile east of the Brooklyn/Lenox Turnpike and Forest Street intersection (Lenoxville, PA Quadrangle Latitude: 41° 42` 48.80"; Longitude: -75° 43` 31.29") and ends approximately 0.10 mile north of the State Route 374 and Tennessee Gas Road intersection (Clifford, PA Quadrangle Latitude: 41° 42` 42.10"; Longitude: -75° 35` 56.7") in Clifford and Lenox Townships, Susquehanna County. Subbasin: 4F.
To construct and maintain the following water obstructions and encroachments (attached tables) associated with the Triad Expansion ''300-3 Loop'' Project which consists of the installation of approximately 7 miles of 36-inch diameter pipe pipeline and appurtenant structures. The proposed project impacts include a total of approximately 730 linear feet of temporary stream impacts, a total of 596 linear feet linear feet of permanent stream impacts, 0.10 acre of temporary lacustrine impacts, 0.09 acre of permanent lacustrine impacts, 2.78 acres of temporary floodway impacts, 2.54 acres of permanent floodway impacts, 0.78 acre of temporary impacts to PEM, PSS and PFO wetland(s) and 1.31 acre of permanent impacts to PEM, PSS and PFO wetland(s).
Stream Impact Table
Identification
Location
Stream Impacts
Floodway
Impacts
Crossing
Information
Impact Number Stream Identification Stream Name Chapter 93
Designated UseLatitude Longitude Municipality
(Township)Quadrangle Temporary Crossing
Length (feet)Permanent Crossing
Length (feet)Temporary Impact
Area (acres)Permanent Impact
Area (acres)Temporary Impact (acres) Permanent Impact (acres) Crossing Typea Crossing Methodb Trout Identificationc 1 K-1Sa UNT to Tower Branch CWF, MF 41° 42` 43.54" -75° 42` 42.97" Lenox Lenoxville 0 0 0.000 0.000 0.098 0.319 Gas II WT 2 K-1Sc Tower Branch CWF, MF 41° 42` 43.75" -75° 42` 35.99" Lenox Lenoxville 43 51 0.019 0.020 0.130 0.131 Gas, TBC I WT 3 K-1Sf UNT to Tower Branch CWF, MF 41° 42` 43.75" -75° 42` 35.99" Lenox Lenoxville 30 0 0.000 0.007 0.110 0.108 Gas, TBC I WT 4 N-1S Partners Creek CWF, MF 41° 42` 43.92" -75° 42` 02.15" Lenox Lenoxville 81 57 0.029 0.047 0.220 0.151 Gas, TBC I - 5 X-1S Sterling Brook Creek CWF, MF 41° 42` 44.99" -75° 41` 29.40" Lenox Lenoxville 85 59 0.031 0.044 0.230 0.149 Gas, TBC I - 6 V-1S Nine Partners Creek CWF, MF 41° 42` 43.55" -75° 40` 17.39" Lenox Lenoxville 75 50 0.088 0.145 0.292 0.173 Gas, TBC I ST 7 U-1S Tunkhannock Creek CWF, MF 41° 42` 48.60" -75° 40` 7.32" Lenox Lenoxville 94 52 0.151 0.241 0.382 0.228 Gas, TBC I ST 8 T-1Sb UNT to Tunkhannock Creek CWF, MF 41° 42` 58.32" -75° 39` 31.67" Lenox Lenoxville 77 53 0.032 0.051 0.229 0.141 Gas, TBC I ST 9 T-1Sa UNT to Tunkhannock Creek CWF, MF 41° 42` 58.32" -75° 39` 31.67" Lenox Lenoxville 79 53 0.024 0.038 0.214 0.135 Gas, TBC I ST 10 S-1S UNT to Tunkhannock Creek CWF, MF 41° 42` 58.32" -75° 39` 23.39" Lenox Lenoxville 20 43 0.002 0.008 0.127 0.125 Gas I ST 11 H-1S UNT to Tunkhannock Creek CWF, MF 41° 42` 41.40" -75° 38` 16.07" Lenox Lenoxville 27 56 0.044 0.111 0.144 0.203 Gas, TBC I - 12 E-1S UNT to Lake Idlewild CWF, MF 41° 42` 54.35" -75° 36` 28.07" Clifford Clifford 82 60 0.025 0.037 0.228 0.155 Gas, TBC I WT 13 C-1S UNT to Lake Idlewild CWF, MF 41° 42` 53.64" -75° 36` 5.04" Clifford Clifford 37 62 0.007 0.020 0.094 0.159 Gas, TBC I WT Totals 730 596 0.45 0.77 2.50 2.18 a Gas = gas pipeline crossing or floodway impacts, TBC = temporary bridge crossing
b I = Dry Crossing Method includes Dam & Flume, Dam & Pump, Cofferdam, or Dry Open Cut for waterbodies dry when crossing, II = floodway impacts only
c PAFBC Designations: ST = Stocked Trout; WT = Wild Trout
Lacustrine Impact Table
Identification
Location
Lacustrine Impacts
Crossing Information Impact Number Stream Identification Stream Name Chapter 93
Designated UseLatitude Longitude Municipality
(Township)Quadrangle Temporary Crossing
Length (feet)Permanent Crossing
Length (feet)Temporary Impact
Area (acres)Permanent Impact
Area (acres)Crossing Typea Crossing Methodb Trout Identificationc 1 D-OW Mud Pond CWF, MF 41° 42` 48.60" -75° 37` 22.80" Clifford Clifford 190 190 0.104 0.087 Gas I - Totals 190 190 0.10 0.09 a Gas = gas pipeline crossing or floodway impacts, TBC=temporary bridge crossing
b I = Dry Crossing Method includes Dam & Flume, Dam & Pump, Cofferdam, or Dry Open Cut for waterbodies dry when crossing, II = floodway impacts only
c PAFBC Designations: ST = Stocked Trout; WT = Wild Trout
Wetland Impact Table
Identification Location Wetland Impacts Crossing Information Impact Number Wetland Identification Latitude Longitude Municipality
(Township)
Quadrangle Temporary Impact
Area (acres)
Permanent Impact
Area (acres)
Crossing Typea Crossing Methodb State Wetland
Classification
(Other OR EV)PFO PSS PEM PFO PSS PEM 1 K-1W 41° 42` 43.77" -75° 42` 36.11" Lenox Lenoxville 0.00 0.00 0.02 0.00 0.00 0.00 GAS I EV 41° 42` 43.26" -75° 42` 34.69" Lenox Lenoxville 0.01 0.00 0.00 0.03 0.00 0.00 GAS I EV 2 M-1W 41° 42` 43.55" -75° 42` 16.92" Lenox Lenoxville 0.00 0.00 0.05 0.00 0.00 0.14 GAS I Other 3 X-1W 41°42` 45.19" -75° 41` 29.14" Lenox Lenoxville 0.00 0.00 0.003 0.00 0.00 0.027 GAS I Other 41° 42` 44.51" -75° 41` 28.33" Lenox Lenoxville 0.00 0.00 0.00 0.03 0.00 0.00 TEMPRD II Other 4 S-1W 41° 42` 57.15" -75° 39` 23.80" Lenox Lenoxville 0.00 0.00 0.00 0.00 0.00 0.01 TEMPRD II EV 5 PQ-2 41° 42` 57.48" -75° 39` 17.09" Lenox Lenoxville 0.00 0.00 0.47 0.00 0.00 0.11 GAS I EV 6 PQ-1 41° 42` 55.80" -75° 39` 3.47" Lenox Lenoxville 0.00 0.00 0.37 0.00 0.00 0.19 GAS I Other 7 I-1W 41° 42` 43.16" -75° 38` 23.17" Lenox Lenoxville 0.00 0.00 0.00 0.00 0.00 0.01 TEMPRD II Other 8 H-1W 41° 42` 41.40" -75° 38` 16.07" Lenox Lenoxville 0.00 0.00 0.08 0.00 0.00 0.01 GAS I Other 9 E-1W 41° 42` 54.35" -75° 36` 28.07" Clifford Clifford 0.00 0.00 0.00 0.00 0.02 0.00 TEMPRD II EV 10 F-1W 41° 42` 54.72" -75° 36` 26.63" Clifford Clifford 0.00 0.00 0.01 0.00 0.00 0.06 GAS I Other 11 C-1W 41° 42` 52.88" -75° 36` 4.91" Clifford Clifford 0.00 0.00 0.28 0.00 0.00 0.02 GAS I EV 41° 42` 53.37" -75° 36` 4.60" Clifford Clifford 0.00 0.02 0.00 0.00 0.12 0.00 GAS I EV Totals 0.01 0.02 1.28 0.06 0.14 0.58 a GAS = gas pipeline, TEMPRD = temporary roadway crossing
b I = Open Cut, II = Temporary Matting
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E22-628: The Township of Derry, 600 Clearwater Road, Hershey, PA 17033 in Derry Township, Dauphin County, U.S. Army Corps of Engineers, Baltimore District.
To install, operate, and maintain pedestrian improvements on SR 2018 and T-503 (Walton Ave and Mae St. respectively) at the SR 0039 (Hershey Park Dr.) intersection (Lat: 40° 16` 14.4" N, Long: 76° 41` 16.1" W) in the floodway of an unnamed tributary to Swatara Creek (WWF, MF).
E67-922: Dillsburg Borough, 1515 Baltimore Street, Dillsburg, PA 17019 in Dillsburg Borough, York County, U.S. Army Corps of Engineers, Baltimore District.
To perform work on West Branch Fishers Run (CWF, MF) (Dillsburg Quadrangle 40° 6` 32.3" N, 77° 1` 41.8" W). The applicant proposes to construct a 16-foot by 8-foot single span bridge stream crossing, approximately 615 feet of pervious pavement as a walking path, two 20-foot by 20-foot pervious pavement pads, one 17-foot by 27-foot pervious pavement pad, and associated grading with approximately 300 cubic yards of fill. The total disturbed area for the bridge and walking trail is approximately 28 hundredths of an acre (0.28 ac). There are no proposed wetland impacts.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E59-526. Tennessee Gas Pipeline Company, 1001 Louisiana Street, Suite 1460A, Houston, Texas 77002-5089. Susquehanna West Project in Shippen, Chatham, Delmar, Middlebury and Charleston Townships, Tioga County, ACOE Baltimore District (Keeneyville, PA Quadrangle Lat: 41° 49` 32"; Long: -77° 27` 46").
Tennessee Gas Pipeline Company (TCP) has applied for a Standard—Joint Permit Application to construct, operate and maintain 8.1-miles of 36-inch diameter natural gas pipeline for their 300-line loop along Bear Wallow Branch, Left Straight Run, Wildcat Hollow, Right Straight Run, Spoor Hollow Brook, Catlin Hollow Creek, and Baldwin Run in Tioga County. The project will also be modifying one existing compressor station CS 315—Charleston Township.
The total estimated stream impacts for the project are approximately 535 ft of permanent impacts and 5,002 ft of temporary. The total estimated wetland impacts for the project are approximately 10,679 ft (0.245 acre) of permanent impacts and 37,989 ft (0.872 acre) of temporary impacts.
Crossing # MP Resource ID Activity Resource Resource Name* Chapter 93 Impact Length (Feet) Latitude Longitude 1 0.04 W16 Pipeline Crossing Wetland WL-W16 N/A 172 41.8256 -77.4616 2 0.44 W19 Pipeline Crossing Wetland WL-W19 EV 15 41.7044 -77.4998 0.50 S15 Pipeline Crossing Stream Bear Wallow Branch HQ-CWF; EV 91 41.8252 -77.4528 3 0.69 WSW9 Pipeline Crossing Directional Drill Wetland WL-WSW9 N/A 100 41.8252 -77.4488 4 0.74 W18 Pipeline Crossing Directional Drill Wetland WL-W18 N/A 694 41.8251 -77.4467 5 0.93 W17 Pipeline Crossing Directional Drill Wetland WL-W17 N/A 134 41.8251 -77.4444 6 1.10 W15 Pipeline Crossing Wetland WL-W15 N/A 94 41.8249 -77.4410 7 1.54 W14 Pipeline Crossing Wetland WL-W14 N/A — 41.8251 -77.4330 8 1.60 S13 Pipeline Crossing Stream Left Straight Run HQ-CWF 89 41.8253 -77.4312 1.62 W13 Pipeline Crossing Wetland WL-W13 EV 71 41.8253 -77.4313 9 1.67 W12 Pipeline Crossing Wetland WL-W12 N/A 51 41.8254 -77.4290 10 2.1 S11 Pipeline Crossing Stream Wildcat Hollow HQ-CWF 81 41.8253 -77.4217 11 2.9 S9 Pipeline Crossing Stream UNT to Right Straight Run HQ-CWF 156 41.8254 -77.4110 12 3.0 S10 Pipeline Crossing Stream Right Straight Run HQ-CWF 79 41.8257 -77.4045 13 3.89 W11 Pipeline Crossing Bore Wetland WL-W11 N/A 312 41.8238 -77.3870 14 4.26 W10 Pipeline Crossing Bore Wetland WL-W10 EV 264 41.8225 -77.3804 4.50 S8 Pipeline Crossing Stream UNT to Spoor Hollow Brook TSF, EV 29 41.8227 -77.3804 15 4.36 W9 Pipeline Crossing Wetland WL-W9 N/A 22 41.8222 -77.3787 16 4.58 W8 Pipeline Crossing Wetland WL-W8 N/A 82 41.8214 -77.3746 17 0.24 W4 Pipeline Crossing Wetland WL-W4 N/A 332 41.8131 -77.2722 0.20 S7 Pipeline Crossing Stream Catlin Hollow Creek TSF 78 41.8132 -77.2733 18 0.60 S6 Pipeline Crossing Stream UNT to Catlin Hollow Crk. TSF 161 41.8123 -77.2672 19 1.4 S4 Pipeline Crossing Stream UNT to Catlin Hollow Crk. TSF 78 41.8104 -77.2518 20 3.5 S1s Pipeline Crossing Stream UNT to Rt. Straight Run HQ-CWF 31 41.8253 -77.3948 3.52 W1s Pipeline Crossing Wetland WL-W1s EV — 41.8253 -77.3947 21 5.7 S1x Pipeline Crossing Stream Baldwin Run HQ-CWF 176 41.8195 -77.3502 5.88 W1x Pipeline Crossing Wetland WL-W1x EV 31 41.8194 -77.3497 All in-stream pipeline construction activities shall be performed in dry work conditions by directional drilling, boring, dam and pumping, fluming or diverting stream flow around the work areas. All of the streams to be impacted by the project either support wild trout populations or are tributaries to streams that are designated as wild trout streams. Therefore, in-stream work restrictions will apply from October 1 to December 31. In addition, Right Straight Run and its UNT and Baldwin Run are identified as Class A wild trout streams. Therefore, in-stream work restrictions will be extended from October 1 to April 1 for these streams to minimize impacts to trout spawning.
E17-497. Plenary Walsh Keystone Partners, 2000 Cliff Mine Road, Park West Two, 3rd Floor, Pittsburgh PA 15275. SR 0219, Section A14, Bridge to Box Culvert Replacement Project, Bell Township, Clearfield County. USACOE Baltimore District (McGees Mills, PA Quadrangle Latitude: 41° 53` 05.6"; Longitude: 78° 45` 23.7").
Department authorization giving consent to (1) remove the existing single span bridge that carries SR 0219, Section A14, Bridge across Whiskey Run (2) realign 80-feet of unnamed tributary channel, and (3) construct, operate and maintain a box culvert to carry SR 0219, Section A14, across Whiskey Run. The channel change of the unnamed tributary Run shall be limited to maximum 65-linear feet that shall result in successful establishment of a stable realigned channel and overbank areas. The box culvert to carry SR 0219 across Little Whiskey Run shall be constructed to minimally have a span of 30-feet and rise of -feet with invert depression of 1-foot. The project is located along the western right-of-way of SR 0219 approximately 0.64-mile east of SR 0036 and SR 0219 intersection in Bell Township, Clearfield County.
E60-226. Union County, Union County Government Center, 155 North 15th Street, Lewisburg, PA 17837. Great Stream Commons, in Gregg Township, Union County, ACOE Baltimore District (Allenwood, PA Quadrangle N: 41.18479; W: 76.900586).
To construct and maintain 1) a 1,562 foot long 60-inch diameter reinforced concrete pipe stream enclosure of an unnamed tributary to the West Branch Susquehanna River, 2) stream cross-section and profile changes for 540 feet upstream of the inlet to the 60-inch diameter enclosure, 3) 1,600 lineal feet of offsite stream restoration site in nearby State Game Lands 252 on Spring Creek with 15 randomly placed boulders, 7 half single log vane deflectors, 8 single log vane deflectors, 29 multi log vane defectors, 3 mud sill cribbing, 1 saw tooth deflector, 1 throat log, and 2 toe log protection, 4) 18,628 square feet of wetland mitigation on the southern end of the subject property, in order to make a level construction site for a commercial/industrial building with the associated access drives, parking lots, and stormwater facilities, part of which will be in a mapped FEMA 100-year floodplain of the West Branch Susquehanna River. This permit also includes 401 Water Quality Certification.
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E63-625-A1, Washington Investments, LLC, 6200 Mid-Atlantic Drive, Morgantown, WV 26508, North Strabane Township, Washington County, Pittsburgh ACOE District.
Has been given consent to:
1. Operate and maintain fill in a 0.02 ac PEM wetland (aka ''Wetland B'');
2. Operate and maintain fill in a 0.03 ac PEM wetland (aka ''Wetland C'') ;
3. Operate and maintain a 48" corrugated HDPE pipe in 100 linear feet (LF) of an Unnamed Tributary to Chartiers Creek (aka ''Stream 1'');
4. Operate and maintain fill in 60 LF of another UNT to Chartiers Creek (aka ''Stream 2'');
5. Operate and maintain fill in 30 LF of the floodway of another UNT to Chartiers Creek (aka ''Stream 3'');
6. Operate and maintain fill in 75 LF of another UNT to Chartiers Creek (aka ''Stream 4'');
7. Operate and maintain a 24" corrugated HDPE pipe in 186 LF of another UNT to Chartiers Creek (aka ''Stream 7''); and
8. Operate and maintain fill in 95 LF of another UNT to Chartiers Creek (aka ''Stream 8''),
For the purpose of constructing apartments, townhouses and two commercial pads for future sale and development within a 34-acre land parcel which will include site grading, installation of paved areas and the construction of buildings. The project will cumulatively result in 0.05 acre of permanent wetland impact and 466 linear feet of permanent stream impact. Mitigation for these permanent impacts includes 179 linear feet of onsite stream restoration on a UNT to Chartiers Creek (aka Stream 7); 0.10 acre of onsite PEM wetland creation along a UNT to Chartiers Creek (aka Stream 1) and approximately 950 linear feet of offsite stream restoration and streambank fencing along and within an Unnamed Tributary of Buffalo Creek (HQ-WWF) (Buffalo Township). The project is located near the intersection of Racetrack Road and State Route 19 (Quadrangle: Washington East, PA; Latitude: 40° 12` 48"; Longitude: -80° 11` 27"; Sub-basin: 20F; Chapter 93 Type: WWF) in North Strabane Township, Washington County.
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
EA28-005: Great Commission Deliverance Ministries, 6621 March Road, Waynesboro, PA 17268 in Washington Township, Franklin County, U.S. Army Corps of Engineers Baltimore District.
To construct and maintain a total of 1,875 linear feet of stream restoration, including 205 linear feet of random boulder placement, 75 linear feet of riprap/joint plantings, 195 linear feet of rock toe protection, 100 linear feet of live stakes on cut slopes, 245 linear feet of log vane installation, 90 linear feet of log vane with root wad, 175 linear feet of root wad in cut slopes, 220 linear feet of root wad on fill slopes, 645 linear feet of stone deflectors, and a 12 foot wide by 50 foot long concrete slat crossing, all in and along West Branch Antietam Creek along Cold Spring Park Road in Washington Township, Franklin County (Latitude: 39° 45` 15.5"; Longitude: -77° 36` 11.7").
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 # ESG00000140001(2)
Applicant Name Enterprise Product Operating LLC
Contact Person
Address PO Box 4324
City, State, Zip Houston, TX 77210-4324
County Tioga
Township(s) Farmington Twp
Receiving Stream(s) and Classification(s) Thornbottom
Cr—CWF/WWFSouthwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESX15-059-0045
Applicant Name Pennsylvania Land Resources, LLC
Contact Person Scott Sweder
Address 158 Portal Road, Bldg. 2, P.O. Box 247
City, State, Zip Waynesburg, PA 15370
County Greene County
Township(s) Whiteley
Receiving Stream(s) and Classification(s) UNT to
Whiteley Creek (TSF), UNT to Rudolf Run Creek
(WWF)
Secondary Whiteley Creek (TSF) and Rudolf Run Creek
(WWF)ESCGP-2 # ESX15-129-0012
Applicant Name Apex Energy PA, LLC
Contact Person Ed Long
Address 6041 Wallace Road Extension, Suite 100
City, State, Zip Wexford, PA 15090
County Westmoreland County
Township(s) Penn Township
Receiving Stream(s) and Classification(s) UNTs to Bushy
Run, Bushy Run (TSF
Secondary Brush Creek (WWF)ESCGP-2 # ESX16-059-0045
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2400 Zenith Ridge Road, Suite 200
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Morgan and Franklin Townships
Receiving Stream(s) and Classification(s) UNT to Ruff
Creek, Ruff Creek (WWF)
Secondary South Fork Ten Mile CreekESCGP-2 # ESX15-059-0045
Applicant Name Pennsylvania Land Resources, LLC
Contact Person Scott Sweder
Address 158 Portal Road, Bldg. 2, P.O. Box 247
City, State, Zip Waynesburg, PA 15370
County Greene County
Township(s) Whiteley
Receiving Stream(s) and Classification(s) UNT to
Whiteley Creek (TSF), UNT to Rudolf Run Creek
(WWF)
Secondary Whiteley Creek (TSF) and Rudolf Run Creek
(WWF)ESCGP-2 # ESX15-059-0045
Applicant Name Pennsylvania Land Resources, LLC
Contact Person Scott Sweder
Address 158 Portal Road, Bldg. 2, P.O. Box 247
City, State, Zip Waynesburg, PA 15370
County Greene County
Township(s) Whiteley
Receiving Stream(s) and Classification(s) UNT to
Whiteley Creek (TSF), UNT to Rudolf Run Creek
(WWF)
Secondary Whiteley Creek (TSF) and Rudolf Run Creek
(WWF)
Southwest Region: Waterways & Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
ESCGP-2 No. Applicant Name &
AddressCounty Municipality Receiving
Water/UseESG0000716001(1) ETC Northeast Pipeline, LLC
7000 Stonewood Drive
Suite 351
Wexford, PA 15090Beaver County Conway Borough,
Center TownshipCrows Run (WWF),
Ohio River (WWF)Northwest Region: Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Elk County Conservation District, 850 Washington Street, St. Mary's, PA 15857.
ESCGP -2 No. Applicant Name & Address County Municipality Receiving
Water/UseESG 00 047 16 0001 Hunt Marcellus Operating Company LLC
Attn: Kurt Lewis
2144 Buena Vista
Wilcox, PA 15870Elk Johnsonburg Borough/
Ridgway TownshipJohnson Run CWF; Little Mill Creek HQ-CWF; UNT Little Mill Creek HQ-CWF; UNT Silver Creek HQ-CWF ESG 00 047 16 0001(1) Hunt Marcellus Operating Company LLC
Attn: Kurt Lewis
2144 Buena Vista
Wilcox, PA 15870Elk Johnsonburg Borough/Ridgway Township Johnson Run CWF; Little Mill Creek HQ-CWF; UNT Little Mill Creek HQ-CWF; UNT Silver Creek HQ-CWF
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESG15-083-0003A—Northern Water Wells
Waterline Major Modification
Applicant Seneca Resources Corporation
Contact Doug Kepler
Address 5800 Corporate Drive, Suite 300
City Pittsburgh State PA Zip Code 15237
County McKean Township(s) Sergeant
Receiving Stream(s) and Classification(s) Warner Brook,
Trib 57785 to Warner Brook, Trib 57786 to Warner
Brook, Trib 57787 to Warner Brook, Trib 57788 to
Warner Brook/Marvin Creek Watershed HQ/CWF
SPECIAL NOTICES
Air Quality Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401.
Contact: James Beach, New Source Review Chief—Telephone: 484-250-5920.
48-00003: Keystone Cement Co. (PO Box A, Routes 329 and 987, Bath, PA 18014) on June 29, 2016 submitted to the Department an alternative compliance schedule petition. Keystone is proposing an interim emission limit of 3.03 pounds of NOx per ton of clinker until installation of a SNCR system around September 1, 2017. This interim limit and extension is authorized under 25 Pa. Code Section 129.97(k)—(m) for their facility in East Allen Township, Northampton County.
Proposed State Water Quality Certification Required by Section 401 of the Clean Water Act for the Columbia Gas Transmission, LLC, Tri-County Bare Steel Pipeline Replacement Project Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Rita A. Coleman, 412-442-4000.
PADEP File No. EA30-004-A1, Columbia Gas Transmission, LLC (Applicant), 1700 S MacCorkle Avenue, SE, Charleston, WV 25314. Tri-County Bare Steel Pipeline Replacement Project (Project), in Greene, Washington and Allegheny Counties, in ACOE Pittsburgh District. Within Greene County, this project begins approximately 0.25 mile south of the intersection between Hagan Creek Road and Hero Road (Wadestown, W.VA-PA USGS topographic quadrangle; Latitude: 39° 43` 17.45"; Longitude: -80° 21` 0.48"), in Gilmore Township, Greene County, through Center and Wayne Townships (Holbrook, PA and Oak Forest, PA USGS topographic quadrangles), and ends approximately 0.32 mile East of where S.R. 18 crosses over South Fork Tenmile Creek (Waynesburg, PA USGS topographic quadrangle; Latitude: 39° 53` 45.27"; Longitude: -80° 13` 2.09"), in Franklin Township, Greene County. Within Washington County, this project begins near the interchange between S.R. 40 and I-79 (Washington East, PA USGS topographic quadrangle; Latitude: 40° 8` 53.01"; Longitude: -80° 12` 11.92"), in Amwell Township, Washington County, and continues, in discontinuous segments, through Canonsburg and Houston Boroughs, and Chartiers, North Strabane and South Strabane Townships, until a point that is approximately 0.5 mile NW of the intersection between Reissing Road and Cecil Reissing Road (Canonsburg, PA USGS topographic quadrangle; Latitude: 40° 20` 59.51"; Longitude: -80° 12` 14.91"), in Cecil Township, Washington County. Within Allegheny County, this project begins approximately 1,360` west of the intersection between Reissing Road and Cecil Reissing Road (Canonsburg, PA USGS topographic quadrangle; Latitude: 40° 21` 9.72"; Longitude: -80° 12` 14.42"), in South Fayette Township, Allegheny County, and ends near the intersection of North Branch Road and Third Ave (Oakdale, PA USGS topographic quadrangle; Latitude: 40° 24` 45.58"; Longitude: -80° 12` 33.42"), in North Fayette Township, Allegheny County.
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. § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP15-95-000). The FERC Environmental Assessment for the Project, which was issued on September 14, 2015, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-95-000).
On July 28, 2015, 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. § 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. State water quality certification was granted on March 23, 2016 (DEP File No. EA30-004).
The previously authorized Project included replacing 34 miles of 20-inch-diameter bare steel piping with coated steel pipeline at the following locations:
• Segment 1: replace approximately 14 miles with 14.9 miles from the Hero Valve to Waynesburg Compressor Station in Greene County.
• Segment 2: replace approximately 8 miles with 10.7 miles from the Redd Farm Station to Sharp Farm Station in Washington County.
• Segment 3: replace approximately 12 miles with 11.9 miles from the Sharp Farm Station in Washington County to the Walker Farm Station in Washington and Allegheny Counties.
The pipeline also included associated appurtenant facilities including bi-directional pig launcher/receivers, cathodic protection, main line valves, and taps. Construction activities were located within a 75`—100` right-of-way (ROW); however, a 50` permanent ROW will be maintained, post construction. Some segments of the existing 20" diameter bare steel pipe of the Line 1570 gas pipeline, will remain and be maintained within the existing right-of-way, where service will be abandoned. The Project included approximately 484 acres of earth disturbance. In Greene County, the project cumulatively impacted approximately 4,643.79 linear feet (lf) of watercourse and 2.11 acres of wetland. Original grades were restored in these watercourses and the 2.11 acres of wetland, after the utility line crossings were constructed. In addition, another 0.09 acre of PEM wetlands were permanently filled, and were mitigated by a portion of the 0.71 acre of mitigation credits that were purchased from the Robinson Fork Mitigation Bank (DEP File No MB990563-0003). In Washington County, the project cumulatively impacted approximately 3,876.71 linear feet (lf) of watercourse and 4.92 acres of wetland. Original grades were restored in these watercourses and the 4.92 acres of wetland, after the utility line crossings were constructed. In addition, another 0.49 acre of PSS wetlands were permanently converted into PEM wetlands, were mitigated by a portion of the 0.71 acre of mitigation credits that were purchased from the Robinson Fork Mitigation Bank (DEP File No MB990563-0003). In Allegheny County, the project cumulatively impacted approximately 2,248.25 linear feet (lf) of watercourse and 0.48 acre of wetland. Original grades were restored in these watercourses and the 0.48 acre of wetland, after the utility line crossings were constructed.
Most recently, on July 19, 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) for proposed revisions to the previously approved line route, 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.
In order to amend the Project as approved by FERC, the applicant anticipates submitting a variance request under the same docket number. Once submitted, the request may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-95-000).
The Project revisions to Segment 2 include an overall reduction in length of approximately 0.5 mile of 20-inch pipeline for the purpose of transporting natural gas from the Redd Farm Station to Sharp Farm Station in Washington County. The Project revisions to Segment 3 include an overall increase in length of 0.5 miles of 20-inch pipeline for the purpose of transporting natural gas from the Sharp Farm Station to the Walker Farm Station in Allegheny and Washington Counties. The Project, as proposed, will require:
• Segment 2: approximately 5.9 less acres of earth disturbance, and impacts to 149 linear feet of Redd Run, TSF and UNT to Chartiers Creek, WWF, 2 acres of floodway, and 0.13 acre of temporary wetland impacts. There are no additional permanent wetland impacts proposed.
• Segment 3: approximately 0.2 less acre of earth disturbance, and impacts to 0.33 linear feet of a UNT to Robinson Run, WWF, and 0.3 acre of floodway. There are no additional temporary or permanent impacts to wetlands proposed.
PADEP anticipates issuing a state water quality certification to Applicant for the Project revisions 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 A. Coleman, Program Manager, Waterways and Wetlands Program, 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 Coleman 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.
Proposed Conditional State Water Quality Certification for the Monongahela Lock and Dam No. 4 Hydroelectric Project, FERC Project
No. 13767On February 27, 2014, Solia 4 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 12-megawatt (MW) hydropower facility at the Montgomery Lock and Dam No. 4 (aka Charleroi Lock and Dam), owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monongahela River, at river mile 41.5, in Washington 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 August 23, 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, 140-foot-long, intake channel to be excavated into the riverbed immediately downstream of the existing gated spillway. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new reinforced concrete powerhouse that is 150 feet long. The powerhouse would house two (2) horizontal pit Kaplan turbine generator units with a combined capacity of 12 MW. Flows would exit the powerhouse into a 210-foot-long, tailrace excavated into the riverbed. The tailrace would be bordered by a new concrete retaining wall or a combination of retaining wall and riprap as appropriate. Two (2) gates, with a combined width of 84-feet, would be installed in the intake area to pass the flow equivalent of one existing gate. Project power would be transmitted from the powerhouse to a new 40` × 40` project substation, and then from the new substation to an existing distribution line with a 45-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 Chapter 91, Section 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. WQ05-006.
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 written comments received within 30-days of the date of this notice, before taking final action on this conditional State Water Quality Certification. Comments submitted by facsimile will not be accepted. All comments must include the originator's name and address. Written comments should be submitted 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 Maxwell Lock and Dam Hydroelectric Project, FERC Project No. 13766 On February 27, 2014, Solia 5 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 13-megawatt (MW) hydropower facility at the Maxwell Lock and Dam, owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monogahela River, at river mile 61.2, in Washington 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 27, 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 130-foot-long intake channel to be excavated into the riverbed downstream of the existing gated spillway. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new concrete powerhouse that is 150 feet long. The powerhouse would house two (2) horizontal pit Kaplan turbine generator units with a combined capacity of 13 MW. Flows would exit the powerhouse into a 160-foot-long tailrace excavated into the riverbed. Two (2) gates, with a combined width of 84 feet, would be constructed within the intake area, to pass the flow equivalent of one existing gate bay in a fully open position. Project power would be transmitted from the powerhouse to a new project 40` × 40` substation, and then from the new substation to an existing distribution line, with a 350-foot-long, overhead transmission line, with a voltage between 69 and 138 kilovolt.
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 sedioment 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 Chapter 91, Section 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. WQ05-008.
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 written comments received within 30-days of the date of this notice, before taking final action on this conditional State Water Quality Certification. Comments submitted by facsimile will not be accepted. All comments must include the originator's name and address. Written comments should be submitted 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 Gray's Landing Lock and Dam Hydroelectric Project, FERC Project No. 13763 On February 27, 2014, FFP Missouri 13, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 12-megawatt (MW) hydropower facility at the Gray's Landing Lock and Dam, owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monongahela River, at river mile 82.0, in Greene County, Pennsylvania (Project). The Applicant is required pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C. § 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 22, 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 300-foot-long intake channel to be excavated from the river to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new concrete, 150-long powerhouse that would be built on the east bank, adjacent to the river. The powerhouse would house two (2) horizontal pit Kaplan turbine generator units with a combined capacity of 12 MW. Flows would exit the powerhouse into an approximately 250-foot-long, new tailrace that will join the river. The tailrace will be bordered by a new concrete retaining wall or a combination of retaining wall and riprap as appropriate. Variable high crest gates would be installed on the existing dam. Project power would be transmitted from the powerhouse to a new 40` × 40` project substation, and then from the new substation to an existing transmission line, with a 9,965-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 sedioment 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 Chapter 91, Section 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. WQ05-009.
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 written comments received within 30-days of the date of this notice, before taking final action on this conditional State Water Quality Certification. Comments submitted by facsimile will not be accepted. All comments must include the originator's name and address. Written comments should be submitted by mail to the Department of Environmental Protection, Southwest Regional Office, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
[Pa.B. Doc. No. 16-2078. Filed for public inspection December 2, 2016, 9:00 a.m.]
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