[47 Pa.B. 5232]
[Saturday, September 2, 2017]
[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. 32820134 and NPDES No. PA0606154, Arcadia Company, Inc., 175 McKnight Road, Blairsville, PA 15717, permit renewal for reclamation only of a bituminous surface mine in Grant, Banks, Canoe & Montgomery Townships, Indiana County, affecting 1,166.0 acres. Receiving streams: unnamed tributaries to/and Little Mahoning Creek, unnamed tributary to Cush Creek classified for the following use: high quality—cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: January 27, 2017. Permit issued: August 16, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54970101R4. Premium Fine Coal, Inc., (P.O. Box 268, Tamaqua, PA 18252), renewal of an existing anthracite surface mine, coal refuse reprocessing, coal refuse disposal and preparation plant operation in Schuylkill Township, Schuylkill County affecting 727.0 acres, receiving stream: Schuylkill River. Application received: June 15, 2017. Renewal issued: August 14, 2017.
Permit No. PAM113087R, Premium Fine Coal, Inc., (P.O. Box 268, Tamaqua, PA 18252), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54970101 in Schuylkill Township, Schuylkill County, receiving stream: Schuylkill River. Application received: June 15, 2017. Renewal issued: August 14, 2017.
Permit No. 54-305-021GP12R. Premium Fine Coal, Inc., (P.O. Box 268, Tamaqua, PA 18252), renewal of general operating permit to operate a coal preparation plant on Surface Mining Permit No. 54970101 in Schuylkill Township, Schuylkill County. Application received: June 15, 2017. Renewal issued: August 14, 2017.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 6476SM6 and NPDES No. PA0595365. Union Quarries, Inc., 102 Bonnybrook Road, Carlisle, PA 17013, renewal of an NPDES Permit, located in South Middleton Township, Cumberland County. Receiving stream: Letort Spring Run classified for the following use: exceptional value. The first downstream potable water supply intake from the point of discharge is US Army Garrison Carlisle Barracks. Application received: July 20, 2016. Permit issued: August 11, 2017.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
37150302 and NPDES Permit No. PA0259683. Amerikohl Aggregates, Inc. (202 Sunset Drive, Butler, PA 16001) Commencement, operation and restoration of a large industrial minerals mine in Shenango Township, Lawrence County, affecting 233.8 acres. Receiving streams: Unnamed tributaries to McKee Run and McKee Run. Application received: September 28, 2016. Permit Issued: August 14, 2017.
22807-37150302-E-1. Amerikohl Aggregates, Inc. (202 Sunset Drive, Butler, PA 16001) Application for a stream encroachment to conduct mining and support activities within 100 feet of unnamed tributary No. 3 to McKee Run in Shenango Township, Lawrence County. Receiving streams: Unnamed tributaries to McKee Run and McKee Run. Application received: September 28, 2016. Permit Issued: August 14, 2017.
22807-37150302-E-2. Amerikohl Aggregates, Inc. (202 Sunset Drive, Butler, PA 16001) Application for a stream encroachment to install and maintain a stream crossing over unnamed tributary No. 3 to McKee Run in Shenango Township, Lawrence County. Receiving streams: Unnamed tributaries to McKee Run and McKee Run. In conjunction with this approval, the Department is granting a 401 Water Quality Certification certifying that the approved activities will comply with the applicable provisions of sections 301—303, 306 and 307 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341) and will not violate applicable Federal and State water quality standards. Application received: September 28, 2016. Permit Issued: August 14, 2017.
37150302. Amerikohl Aggregates, Inc. (202 Sunset Drive, Butler, PA 16001) Application for a wetlands encroachment to affect 0.53 acre of wetlands in Shenango Township, Lawrence County. As replacement for the wetland impacts, 0.86 acre of wetlands will be created in accordance with the Module 14 mitigation plan. Receiving streams: Unnamed tributaries to McKee Run and McKee Run. In conjunction with this approval, the Department is granting a 401 Water Quality Certification certifying that the approved activities will comply with the applicable provisions of sections 301—303, 306 and 307 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341) and will not violate applicable Federal and State water quality standards. Application received: September 28, 2016. Permit Issued: August 14, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
59020301. Chad E. Cross (19316 Route 6, Mansfield, PA 16933). Permit revision to the permit boundary on noncoal industrial minerals surface mine in Lawrence Township, Tioga County, affecting 16.6 acres. Receiving stream(s): Harts Creek to Tioga River classified for the following use(s): WWF. There are no potable water supply intakes within 10 miles downstream. Application received: October 31, 2016. Permit issued: July 28, 2017.
57112501 and NPDES PA0257826. Jack L. McClintock (1522 Highway 220, Muncy Valley, PA 17758). NPDES renewal for continue operation and reclamation of a general permit GP-105 bluestone mining site located in Shrewsbury Township, Sullivan County affecting 5.0 acres mining and 5.0 acres support. Receiving stream(s): Unnamed Tributary to Muncy Creek classified for the following use(s): EV. Application received: February 6, 2017. Permit issued: August 15, 2017.
08110301 and NPDES PA0257532. Bishop Brothers Construction Company, Inc. (P.O. Box 289, Ulster, PA 18850). Renewal for an existing NPDES on a large noncoal surface mining site located in Wyalusing Township, Bradford County affecting 16.9 acres. Receiving stream(s): Unnamed Tributary to Wyalusing Creek classified for the following use(s): WWF, MF. Application received: May 9, 2017. Permit issued: July 28, 2017.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
65100401and NPDES Permit No. PA0252051. Hanson Aggregates BMC, Inc. (2200 Springfield Pike, Connellsville, PA 15425). Permit revised to allow for three underground portal entries and to approve incremental water monitoring at an existing noncoal surface mine, located in Fairfield Township, Westmoreland County, affecting 173.9 acres. Receiving streams: unnamed tributaries to Freeman Run, classified for the following use: TSF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Application received: June 17, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 58170811. Michael and Robert Pavelski, (P.O. Box 86, Susquehanna, PA 18847), commencement, operation and restoration of a quarry operation in Gibson Township, Susquehanna County affecting 5.0 acres, receiving stream: Bell Creek and Tunkhannock Creek. Application received: June 29, 2017. Permit issued: August 16, 2017.
Permit No. PAM117028. Michael and Robert Pavelski, (P.O. Box 86, Susquehanna, PA 18847), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58170811 in Gibson Township, Susquehanna County, receiving stream: Bell Creek and Tunkhannock Creek. Application received: June 29, 2017. Permit issued: August 16, 2017.
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.
10174004. Glenn O. Hawbaker, Inc. (711 East College Avenue, Bellefonte, PA 16823) Blasting activity permit for Notice of Intent to Explore No. 10171801 in Parker Township, Butler County. This blasting activity permit expires on October 31, 2017. Permit Issued: August 15, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 40174113. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Suite A, Lackawaxen, PA 18435), construction blasting for Humbolt Industrial Park Lot 105 in Hazle Township, Luzerne County with an expiration date of August 8, 2018. Permit issued: August 15, 2017.
Permit No. 46174115. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Valley at Lower Moreland in Lower Moreland Township, Montgomery County with an expiration date of August 11, 2018. Permit issued: August 17, 2017.
Permit No. 09174108. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Milford Senior Living a/k/a Lifequest in Milford Township, Bucks County with an expiration date of August 11, 2018. Permit issued: August 18, 2017.
Permit No. 45174103. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Suite A, Lackawaxen, PA 18435), construction blasting for Blakeslee Industrial Park in Tobyhanna Township, Monroe County with an expiration date of August 15, 2018. Permit issued: August 18, 2017.
Permit No. 58174117. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for Snows Williams Pipeline in Jessup Township, Susquehanna County with an expiration date of December 30, 2018. Permit issued: August 18, 2017.
Permit No. 23174104. Brubacher Excavating, Inc., (825 Reading Road, Bowmansville, PA 17507), construction blasting for Androssan Farms in Radnor Township, Delaware County with an expiration date of July 25, 2018. Permit issued: August 21, 2017.
Permit No. 35174103. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for Aldridge Stanton Summit Pad in Ransom Township and City of Scranton, Lackawanna County with an expiration date of December 30, 2017. Permit issued: August 21, 2017.
Permit No. 46174114. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Biltmore Estates in Skippack Township, Montgomery County with an expiration date of August 11, 2018. Permit issued: August 21, 2017.
Permit No. 46174116. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Northgate in West Pottsgrove and Upper Hanover Townships, Montgomery County with an expiration date of August 14, 2018. Permit issued: August 21, 2017.
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 Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E28-383: John Van Horn, Franklin County General Authority, 5540 Coffey Avenue, Chambersburg, PA 17201 in Lurgan & Letterkenny Townships, Frankin County, U.S. Army Corps of Engineers, Baltimore District.
To remove the existing multi-culvert structures and to construct and maintain two separate single span bridges with clear spans of 47.0 feet, underclearance of 5.0 feet, and an out-to-out width of 15.0 feet, both over Conodoguinet Creek, for the purpose of improving access to the Roxbury Dam, all to the west of SR 641 in Lurgan and Letterkenny Townships, Franklin County (Roxbury, PA Quadrangle; Latitude: 40° 07` 11.5"; Longitude: -77° 41` 06.6" and Latitude: 40° 07` 04.0"; Longitude: -77° 41` 12.7"). Issued August 15, 2017.
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 District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESX16-059-0055
Applicant Name Rice Midstream Holdings LLC
Contact Person Kyle Shirey
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Greene
Township(s) Aleppo and Richhill
Receiving Stream(s) and Classification(s) UNT to 27810
Long Run (TSF)ESCGP-2 # ESG17-129-0008
Applicant Name CNX Gas Company LLC
Contact Person Carol Phillips
Address 1000 Consol Energy Drive
City, State, Zip Canonsburg, PA 15317
County Westmoreland
Township(s) Washington
Receiving Stream(s) and Classification(s) UNTs to Beaver
Run Reservoir (HQ-CWF) and Beaver Run Reservoir
(HQ-CWF)ESCGP-2 # ESX11-003-0006 Renewal
Applicant Name Range Resources Appalachia LLC
Contact Person Karl Matz
Address 3000 Town Drive
City, State, Zip Canonsburg, PA 15317
County Allegheny and Butler
Township(s) Fawn (Allegheny) & Clinton (Butler)
Receiving Stream(s) and Classification(s) UNT to
Lardintown Run (TSF)ESCGP-2 # ESX10-007-0001 Renewal
Applicant Name Range Resources Appalachia LLC
Contact Person Karl Matz
Address 3000 Town Drive
City, State, Zip Canonsburg, PA 15317
County Beaver
Township(s) Independence
Receiving Stream(s) and Classification(s) UNTs to Rac-
coon Creek (WWF)ESCGP-2 # ESG17-059-0006
Applicant Name EQT Production Company
Contact Person Renee Thomas
Address 2400 Ansys Drive
City, State, Zip Canonsburg, PA 15317
County Greene
Township(s) Washington
Receiving Stream(s) and Classification(s) UNTs to
Wisecarver Run (HQ-WWF), Wisecarver Run
(HQ-WWF), UNT to Ruff Creek (WWF)ESCGP-2 # ESX17-005-0001
Applicant Name Snyder Brothers Inc
Contact Person Carl Rose
Address P O Box 1022
City, State, Zip Kittanning, PA 16201
County Armstrong
Township(s) E Franklin Twp
Receiving Stream(s) and Classification(s) UNTs to Glade
Run (TSF)
Secondary—Glade Run (TSF)ESCGP-2 # ESX16-125-0039
Applicant Name EQT Production Land PA
Contact Person Todd Klaner
Address 2400 Ansys Dr, Suite 200
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) West Bethlehem
Receiving Stream(s) and Classification(s) Little Tenmile
Ck (CWF-TSF, MF) and tributaries thereto; Pine Run
(CWF-TSF, MF)ESCGP-2 # ESX11-059-0005
Applicant Name EQT Production Co
Contact Person Todd Klaner
Address 2400 Ansys Dr, Suite 200
City, State, Zip Canonsburg, PA 15317
County Greene
Township(s) Center
Receiving Stream(s) and Classification(s) UNT to Patter-
son Ck (HQ-WWF); UNTs to Grays Fork (HQ-WWF)
Secondary—Patterson Ck (HQ-WWF); Grays Fork
(HQ-WWF)ESCGP-2 # ESG17-125-0016
Applicant Name Range Resources—Appalachia LLL
Contact Person Karl Matz
Address 3000 Town Center Blvd
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Buffalo
Receiving Stream(s) and Classification(s) UNTs to Buffalo
Ck (HQ-WWF)
Secondary—Buffalo Ck (HQ-WWF)ESCGP-2 # ESG17-059-0020
Applicant Name EQT Production Company
Contact Person Renee Thomas
Address 2400 Ansys Drive
City, State, Zip Canonsburg, PA 15317
County Greene
Township(s) Washington
Receiving Stream(s) and Classification(s) UNTs to Gar-
ners Run (HQ-WWF), Garners Run (HQ-WWFESCGP-2 # ESG17-051-0021
Applicant Name LPR Midstream Partners LLC
Contact Person Christy Fulton
Address 2 East Market Street
City, State, Zip Clearfield, PA 16830
County Fayette
Township(s) Wharton & Henry Clay
Receiving Stream(s) and Classification(s) UNTs to Fike
Run (HQ-CWF), Fike Run (HQ-CWF), UNTs to Little
Sandy Creek (HQ-CWF)Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESX14-125-0079 Major Modification
Applicant Name Rice Drilling B, LLC
Contact Person Joseph Mallow
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) North Bethlehem Township
Receiving Stream(s) and Classification(s) UNTs to Daniels
Run (TSF)ESCGP-2 # ESX09-125-0075 Major Modification
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2400 Ansys Drive, Suite 200
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Carroll Township
Receiving Stream(s) and Classification(s) UNTs to Pigeon
Creek and Pigeon Creek (WWF)ESCGP-2 # ESX17-059-0006
Applicant Name Rice Drilling B, LLC
Contact Person Joseph Mallow
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Richhill Township
Receiving Stream(s) and Classification(s) UNTs to South
Fork Dunkard Fork (TSF), UNTs to North Fork Dunkard Fork (TSF) and UNTs to Blacks Creek (TSF)ESCGP-2 # ESX10-059-0068 Renewal
Applicant Name CNX Gas Company, LLC
Contact Person Erika Whetstone
Address 1000 Consol Energy Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Morris Township
Receiving Stream(s) and Classification(s) UNTs to Boothe
Run (WWF), Booth Run (WWF), UNTs to Enlow Fork
(WWF)
Secondary—Enlow Fork (TSF)ESCGP-2 # ESX17-125-0020
Applicant Name MarkWest Liberty Midstream & Re-
sources LLC
Contact Person Rick Lowry
Address 4600 J. Barry Court, Suite 500
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Amwell Township
Receiving Stream(s) and Classification(s) UNTs to
Tenmile Creek (TSF)ESCGP-2 # ESX17-125-0015
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2400 Ansys Drive, Suite 200
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Amwell Township
Receiving Stream(s) and Classification(s) UNTs to Horne
Run and Horne Run (TSF)ESCGP-2 # ESX16-059-0047
Applicant Name Rice Midstreams Holding, LLC
Contact Person Kyle Shirey
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Aleppo Township
Receiving Stream(s) and Classification(s) UNTs to
Mudlick Fork (TSF)ESCGP-2 # ESX16-059-0056
Applicant Name Rice Midstreams Holding, LLC
Contact Person Kyle Shirey
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Richhill Township
Receiving Stream(s) and Classification(s) UNTs to South
Dunkard Fork (TSF)ESCGP-2 # ESX17-059-0017
Applicant Name Rice Midstreams Holding, LLC
Contact Person Kyle Shirey
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Aleppo & Springhill Township
Receiving Stream(s) and Classification(s) UNTs to Harts
Run (WWF) & Harts Run (WWF)
Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, Waterways and Wetlands Program Manager, 412-442-4000.
ESCGP-2 No. Applicant Name &
AddressCounty Municipality Receiving
Water/UseESG0012517003 MarkWest Liberty Midstream and Resources, LLC
4600 J. Barry Court
Suite 500
Canonsburg, PA 15317Washington County Robinson Township; Smith Township; Mount Pleasant Township; Chartiers Township; and Midway Borough UNTs to Little Raccoon Run, Little Raccoon Run, UNTs to Plum Run, Plum Run, UNTs to Millers Run, Millers Run, UNTs to Robinson Run, Robinson Run, UNTs to Chartiers Run, Chartiers Run, UNTs to Westland Run, Westland Run/Little Raccoon Creek, Robinson Run, Millers Run, and Chartiers Run watersheds (WWF)
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESX13-019-0002A—Ballie Trust Well Pad—
Major Modification
Applicant R.E. Gas Development
Contact Michael Endler
Address 9600 Cranberry Woods Drive
City Cranberry Township State PA Zip Code 16066
County Butler Township Jackson
Receiving Stream(s) and Classification(s) Likens Run
(WWF), Tributary 64630 to Likens Run (WWF), UNTs
to Tributary 64630 Likens Run (WWF) and UNTs to
Tributary 35023 to Likens Run (WWF)ESCGP-2 # ESX17-019-0012-Tigris Waterline
Applicant EM Energy Pennsylvania, LLC
Contact Mr. Hugh Caperton
Address 1800 Main Street, Suite 220
City Canonsburg State PA Zip Code 15317
County Butler Township(s) Allegheny
Receiving Stream(s) and Classification(s) Allegheny River,
UNT 1, UNT 2 to Allegheny River, UNT 3 to Allegheny
River, UNT 4 to Allegheny River, UNT 1 to TRIB 51143
to Lowery Run/Middle Allegheny River WatershedESCGP-2 # ESX17-019-0013—Prager Well Pad
Applicant XTO Energy
Contact Ms. Melissa Breitenbach
Address 190 Thorn Hill Road
City Warrendale State PA Zip Code 15086
County Butler Township(s) Summit
Receiving Stream(s) and Classification(s) UNT to Coal
Run (WWF), UNT to Thorn Creek (CWF)/
Connoquenessing Creek WatershedEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-115-16-0015(01)
Applicant Name Williams Field Services Co LLC
Contact Person Kristy Grigas
Address Park Place Corporate Center 2,
2000 Commerce Dr
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Brooklyn
Receiving Stream(s) and Classification(s) Hop Bottom Ck
(CWF-MF) and UNTs thereto; Dry Ck (CWF-MF) and
UNTs theretoESCGP-2 # ESG29-015-17-0027
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Rd
City, State, Zip Montoursville, PA 17754
County Bradford
Township(s) Overton
Receiving Stream(s) and Classification(s) Cabin Run
(EV, MF); Elk Ck (EV, MF); Sugar Run (EV, MF)
Secondary—Schrader Ck & Loyalsock CkESCGP-2 # ESX29-015-17-0028
Applicant Name EOG Resources Inc
Contact Person Jon Jorgenson
Address 2039 South Sixth St
City, State, Zip Indiana, PA 15701
County Bradford
Township(s) Smithfield
Receiving Stream(s) and Classification(s) Wallace Run
(WWF, MF)
Secondary—Sugar CkESCGP-2 # ESX29-115-16-0042(01)
Applicant Name Williams Field Services Co LLC
Contact Person Kristy Grigas
Address Park Place Corporate Center 2,
2000 Commerce Dr
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Harford
Receiving Stream(s) and Classification(s) UNTs to Nine
Partners Ck and Nine Partners Ck (CWF-MF); UNTs to
Leslie Ck and Leslie Ck (CWF-MF); UNTs to East
Branch Martins Ck (CWF-MF)ESCGP-2 # ESX12-115-0012(01)
Applicant Name Cabot Oil & Gas Corp
Contact Person Kenneth Marcum
Address 2000 Park Lane, Suite 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Brooklyn
Receiving Stream(s) and Classification(s) Dry Creek
(CWF-MF) and UNTs thereto
STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P.S. §§ 6021.304, 6021.504, 6021.1101—6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, PO Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name &
AddressCounty Municipality Tank
TypeTank Capacity 17-22-007 Select Transport, Inc.
4714 Gettysburg Road
Mechanicsburg, PA 17055 Attn: Nikolay BelferDauphin Lower Swatara Township 2 ASTs storing
Jet A24,000 gallons total
SPECIAL NOTICES
Consent Order and Agreement Borough of Shippensburg, 111 North Fayette Street, Shippensburg, PA 17257; The Clean Streams Law; NPDES Permit No. PA 0030643; Southampton Township, Franklin County.
This Consent Order and Agreement (''COA'') is entered into this 17th day of August, 2017, by and between the Commonwealth of Pennsylvania, Department of Environmental Protection (''Department'') and the Borough of Shippensburg (''Shippensburg'').
The Department has found and determined the following:
A. The Department is the agency with the duty and authority to administer and enforce the Clean Streams Law, the Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. §§ 691.1—691.1001 (''The Clean Streams Law''); Section 1917-A of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, as amended, 71 P.S. § 510-17 (''Administrative Code''); and the rules and regulations promulgated thereunder, and with the delegated authority to administer a permit program, the National Pollutant Discharge Elimination System (''NPDES''), under Section 402 of the Federal Clean Water Act, 33 U.S.C.A § 1342.
B. Shippensburg is a municipality as defined in Section 1 of the Clean Streams Law, 35 P.S. § 691.1, with a mailing address of 111 North Fayette Street, Shippensburg,
C. Shippensburg operates a publicly-owned treatment works (''POTW''), located in Southampton Township, Franklin County. Shippensburg's system consists of a sewage treatment plant (''STP'') and an associated sewage conveyance system (collectively the ''Sewer System''). The STP discharges treated wastewater into the Middle Spring Creek, a water of the Commonwealth. The discharge constitutes sewage pursuant to Sections 201 and 202 of the Clean Streams Law, 35 P.S. §§ 691.201 and 691.202. Shippensburg leases the Sewer System from the Shippensburg Borough Authority and is required to manage, operate, and maintain the Sewer System.
D. On December 12, 2014, the Department and Shippensburg entered into a COA due to the unpermitted discharge of partially treated wastewater during multiple incidents from February 5, 2014 through March 3, 2014 and the release of IFAS media into Middle Spring Creek on March 3, 2014 while work was being performed to upgrade the STP. The IFAS media, or integrated fixed film activated sludge media, used by Shippensburg are approximately nickel-sized black plastic discs that resemble ''rotelle'' pasta. The IFAS media was being added to a finite area of the treatment process in order to enhance biological treatment, however, deficiencies allowed this media to escape the area designed to contain it and ultimately caused mechanical problems in areas of the plant that were not designed to accommodate significant amounts of free-floating media. In that COA, Shippensburg, among other things, agreed to obtain the necessary permits to incorporate necessary corrective work to prevent similar future incidents from occurring and achieve a functional IFAS system at the STP.
E. On September 29, 2015, the Department and Shippensburg executed an Amendment to the COA to incorporate a peak flow study into the evaluation being performed by Shippensburg to ensure that future improvements would be adequately sized and to prevent future incidents.
F. Although Shippensburg incorporated necessary corrective work to the STP upgrades, the potential remains for future releases of IFAS media without additional modifications. On January 25, 2017, Shippensburg met with the Department. At that meeting, Shippensburg expressed an interest in implementing additional changes to the STP to ensure the integrity of the treatment process. Specifically, Shippensburg plans to improve the secondary screening facilities with finer screens at the beginning of the treatment process at the STP. The Secondary Screen Upgrade is intended to remove debris from the waste stream that may interfere with the IFAS system (the ''Secondary Screen Upgrade'').
G. In addition, on May 18, 2017 Shippensburg participated in a conference call with the Department. During the call Shippensburg's design engineer for the necessary corrective work, Hazen and Sawyer (hereafter ''Hazen''), recommended a modification of the necessary corrective work. Hazen noted that during startup of STP tank 2A (without any media) rapid blinding of the IFAS retention screens was observed. Hazen recommended removal of the flat media retention screens in the furthest downstream zones of STP tanks 1A and 2A (the ''Screen Retention Modifications'').
H. The original COA provides that Shippensburg will complete construction within 18 months from the Department's issuance of the NPDES and Part II permits. These permits were issued on September 29, 2015. The deadline for construction completion is March 29, 2017. Shippensburg notified the Department at the January 25, 2017 meeting that it will not be able to complete construction by the deadline due to the plan to complete the Secondary Screen Upgrade to ensure the integrity of the treatment process.
I. This COA rescinds the December 12, 2014 COA and the September 29, 2015 Amendment to the COA entered by the Department and Shippensburg. In this COA, the Department agrees to extend the deadline for construction completion to accommodate the Secondary Screen Upgrade and the Retention Screen Modifications.
J. The violation described in paragraph D, above, constituted unlawful conduct under Section 611 of The Clean Streams Law, 35 P.S. § 691.611, and subjected Shippensburg to a claim for civil penalties under Section 605 of The Clean Streams Law, 35 P.S. § 691.605.
After full and complete negotiation of all matters set forth in this COA and upon mutual exchange of the covenants contained herein, the parties desiring to avoid litigation and intending to be legally bound, it is hereby ORDERED by the Department and AGREED to by Shippensburg as follows:
1. Authority. This COA is an Order of the Department authorized and issued pursuant to Sections 5 and 610 of the Clean Streams Law, 35 P.S. §§ 691.5 and 691.610; and Section 1917-A of the Administrative Code, 71 P.S. § 510.17.
2. Findings.
a. Shippensburg agrees that the findings in paragraphs A. through J. are true and correct and, in any matter or proceeding involving Shippensburg and the Department, Shippensburg shall not challenge the accuracy or validity of these findings.
b. The parties do not authorize any other persons to use the findings in the COA in any matter or proceeding.
3. Corrective Action.
a. On or before August 9, 2017, Shippensburg shall submit a complete Water Quality Management (Part II) permit to accommodate the Secondary Screen Upgrade and the Retention Screen Modifications.
b. Within 300 days of Water Quality Management (Part II) permit issuance by the Department, Shippensburg shall complete the construction of the Retention Screen Modifications permitted by the Part II permit amendment.
c. Within 390 days of Water Quality Management (Part II) permit issuance by the Department, Shippensburg shall complete the construction of all work permitted by the Part II permit, as amending, including the Retention Screen Modifications. Shippensburg shall verify completion of construction by submission of the Sewage and Industrial Facilities Construction Certification (''Construction Certificate'') within thirty (30) days of completed construction operations. The construction completion date shall be established by the Construction Certification.
d. If the Department requires additional information to review or approve any submittal necessary to comply with this COA, Shippensburg shall submit the requested information within ten (10) calendar days of the date of the Department's notice that such information is required; however, upon written request, including a justification from Shippensburg, the Department may allow an extension for such a submittal.
e. Shippensburg shall continue I/I mitigation efforts as previously submitted to and approved of by the Department. Quarterly progress reports including up-to-date information on construction and collection system activities should continue to be submitted until construction is completed.
Whole Effluent Toxicity (WET) Testing Requirements
f. Unless stated otherwise below, Shippensburg shall comply with Whole Effluent Toxicity (WET) Testing requirements specified in Part C.IV(A) of the NPDES permit amendment issued on September 29, 2015.
g. Shippensburg shall conduct four (4) quarterly WET tests and submit the test results to the Department. Shippensburg shall begin WET testing immediately upon completion of construction and shall submit to the Department the WET test results quarterly, with the last quarter results submitted within one year of completion of construction.
h. If no endpoint failures occur in these four (4) tests, WET testing shall be conducted annually thereafter, at a minimum, beginning on January 1st following the submission of results from four (4) tests.
i. All annual WET tests shall be completed during the period of January 1—December 31, at least 6 months apart. This minimum WET monitoring frequency will remain in place until the permit is reissued. If a test failure is determined for any endpoint during quarterly or annual monitoring, Shippensburg shall comply with the requirements specified in Part C.VI.B.3 through 5 of the NPDES permit amendment issued on September 29, 2015.
4. Stipulated Civil Penalties.
a. In the event Shippensburg fails to comply in a timely manner with any term or provision of this COA, Shippensburg shall be in violation of this COA and, in addition to other applicable remedies, shall pay a civil penalty in the amount determined under the following schedule:
(1) For any violation of paragraphs 3.a. through 3.d and 3.g. through 3.i., $100 per day for the first 30 days of each violation, and $200 per day for each violation extending beyond the first 30 days.
(2) For any violation of its NPDES effluent limits, Shippensburg shall pay a stipulated penalty as outlined in Exhibit 1, which is attached hereto and incorporated by reference.
(3) Quantity and Concentration shall be considered separate violations.
b. Stipulated civil penalty payments for any violation of paragraph 3 herein shall be payable monthly on or before the fifteenth day of each succeeding month, and shall be forwarded as described in paragraph 4 above. Penalties for violation of the NPDES permit effluent limits shall be payable within thirty calendar days of submission of a monitoring report for any such violation. The penalties shall be due automatically and without notice.
c. Any payment under this paragraph shall neither waive Shippensburg's duty to meet its obligations under this COA, nor preclude the Department from commencing an action to compel Shippensburg's compliance with the terms and conditions of this COA. The payment resolves Shippensburg's liability only for civil penalties arising from the violation of this COA for which the payment is made.
5. Additional Remedies.
a. In the event Shippensburg fails to comply with any provision of this COA, the Department may, in addition to the remedies prescribed herein, pursue any remedy available for a violation of an order of the Department, including any action to enforce this COA.
b. The remedies provided by this paragraph and paragraph 4 are cumulative and the exercise of one does not preclude the exercise of any other. The failure of the Department to pursue any remedy shall not be deemed to be a waiver of that remedy. The payment of a stipulated civil penalty, however, shall preclude any further assessment of civil penalties for the violation for which the stipulated civil penalty is paid.
c. No provision of this COA shall preclude the Department from pursuing civil penalties for past violations, or any future reported or documented violations.
6. Reservation of Rights. The Department reserves the right to require additional measures to achieve compliance with applicable laws. Shippensburg reserves the right to challenge any action which the Department may take to require those measures.
7. Liability of Operator. Shippensburg shall be liable for any violations of the COA, including those caused by, contributed to, or allowed by its officers, agents, employees or contractors. Shippensburg also shall be liable for any violation of this COA caused by, contributed to, or allowed by its successors and assigns.
8. Transfer of Site.
a. The duties and obligations under this COA shall not be modified, diminished, terminated, or otherwise altered by the transfer of any legal or equitable interest in the Plant or any part thereof.
b. If Shippensburg intends to transfer any legal or equitable interest in the STP which is affected by this COA, Shippensburg shall serve a copy of this COA upon the prospective transferee of the legal and equitable interest at least 30 days prior to contemplated transfer and shall simultaneously inform the Department's Southcentral Regional Office of such intent.
c. The Department in its sole discretion may agree to modify or terminate Shippensburg's duties and obligations under this COA upon transfer of the Plant. Shippensburg waives any right that it may have to challenge the Department's decision in this regard.
9. Correspondence with Department. All correspondence with the Department concerning this COA shall be addressed to Sarah Wriglesworth, DEP Clean Water Program, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Phone: (717) 705-4787, Fax: (717) 705-4760.
10. Correspondence with SHIPPENSBURG. All correspondence with Shippensburg concerning this COA shall be addressed to Lance Hoover, Borough of Shippensburg, 111 North Fayette Street, Shippensburg, PA 17257, Phone: (717) 532-2147.
Shippensburg shall notify the Department whenever there is a change in the contact person's name, title, or address. Service of any notice or any legal process for any purpose under this COA, including its enforcement, may be made by mailing a copy by first class mail to the above address.
11. Severability. The paragraphs of this COA shall be severable and should any part hereof be declared invalid or unenforceable, the remainder shall continue in full force and effect between the parties.
12. Force Majeure.
a. In the event that Shippensburg is prevented from complying in a timely manner with any time limit imposed on this COA solely because of a strike, fire, flood, act of God, or other circumstances entirely beyond Shippensburg's control and which Shippensburg, by the exercise of all reasonable diligence, is unable to prevent, then Shippensburg may petition the Department for an extension of time. An increase in the cost of performing the obligations set forth in this COA shall not constitute circumstances beyond Shippensburg's control. Shippensburg's economic inability to comply with any of the obligations of this COA shall not be grounds for any extension of time.
b. Shippensburg shall only be entitled to the benefits of this paragraph if it notifies the Department within five working days by telephone and within ten working days in writing of the date it becomes aware or reasonably should have become aware of the event impeding performance. The written submission shall include all necessary documentation, as well as a notarized affidavit from an authorized individual specifying the reasons for the delay, the expected duration of the delay, and the efforts which have been made and are being made by Shippensburg to mitigate the effects of the event and to minimize the length of the delay. The initial written submission may be supplemented within ten working days of its submission. Shippensburg's failure to comply with the requirements of this paragraph specifically and in a timely fashion shall render this paragraph null and of no effect as to the incident involved.
c. The Department will decide whether to grant all or part of the extension requested on the basis of all documentation submitted by Shippensburg and other information available to the Department. In any subsequent litigation, the operator shall have the burden of proving that the Department's refusal to grant the requested extension was an abuse of discretion based upon the information then available to it.
13. Entire Agreement. This COA shall constitute the entire integrated agreement of the parties. No prior or contemporaneous communications or prior drafts shall be relevant or admissible for purposes of determining the meaning or extent of any provisions herein in any litigation or any other proceeding.
14. Attorney Fees. The parties shall bear their respective attorney fees, expenses, and other costs in the prosecution or defense of this matter or any related matters, arising prior to execution of this COA.
15. Modifications. No changes, additions, modifications, or amendments of this COA shall be effective unless they are set out in writing and signed by the parties hereto.
16. Titles. A title used at the beginning of any paragraph of this COA is provided solely for the purpose of identification and shall not be used to interpret that paragraph.
17. Decisions Under Consent Order. Any decision which the Department makes under the provisions of this Consent Order and Agreement, including a notice that stipulated civil penalties are due, is intended to be neither a final action under 25 Pa. Code § 1021.2, nor an adjudication under 2 Pa.C.S. § 101. Any objection which Shippensburg may have to the decision will be preserved until the Department enforces this Consent Order and Agreement.
18. Termination. The obligations of this COA shall terminate when Shippensburg has completed all upgrades to the WWTP, and when Shippensburg has demonstrated 6 consecutive months of compliance with effluent limitations after completion of all upgrades identified in the approved report.
In witness whereof, the parties hereto have caused this COA to be executed by their duly authorized representatives. The undersigned representatives of Shippensburg certify under penalty of law, as provided by 18 Pa.C.S. § 4904, that they are authorized to execute this COA on behalf of Shippensburg; that Shippensburg consents to the entry of this COA and the foregoing Findings as an ORDER of the Department; and that Shippensburg hereby knowingly waives its rights to appeal this COA and the foregoing Findings, which rights may be available under Section 4 of the Environmental Hearing Board Act, the Act of July 13, 1988, P.L. 530, No. 1988-94, 35 P.S. § 7514; the Administrative Agency Law, 2 Pa.C.S. § 103(a); and Chapters 5A and 7A, or any other provision of law. Signature by Shippensburg's attorney certifies only that the COA has been signed after consulting with counsel.
Exhibit 1—Violations of Permitted Effluent Limits
Facility Name: Shippensburg Borough POTW
NPDES PERMIT NO.: PA 0030643
Stipulated penalties for violations of NPDES effluent limits (all limits except pH and DO)
Percent over permit limits or under applicable minimum Penalty from execution of COA through termination Monthly/Geometric Average Violations Assessed Monthly >0—33% $350.00 >33.1—67% $400.00 >67.1—100% $450.00 >100.1% $500.00 Weekly Average Violations Assessed Monthly >0—33% $200.00 >33.1—67% $250.00 >67.1—100% $300.00 >100.1% $350.00 AND
Instantaneous/Daily Maximum Violation Assessed Daily >0—33% $100.00 >33.1—67% $150.00 >67.1—100% $200.00 >100.1% $250.00
Stipulated penalties for violations of pH
Amount over/under permit limitsPenalty from execution of COA through termination Instantaneous/Daily Max Violations Assessed Daily 9.1—9.6 s.u. $200.00 9.7—10.2 s.u. $250.00 10.3—10.8 s.u. $300.00 ≥10.9 $350.00 AND Instantaneous/Daily Minimum Violations Assessed Daily 5.4—5.9 s.u. $200.00 4.8—5.3 s.u. $250.00 4.2—4.7 s.u. $300.00 ≥4.2 $350.00
Stipulated penalties for violations of Dissolved Oxygen
Percent under permit limitsPenalty from execution of COA through termination Instantaneous/Daily Minimum Violations Assessed Daily >0—33% $200.00 >33.1—67 % $250.00 >67.1—100 % $300.00 >100.1 % $350.00
H-156 Bare Pipe Replacement Project; Independence and Findlay Townships, Beaver and Allegheny County WQ05-016 Equitrans, L.P. (Applicant), 625 Liberty Avenue, Suite 1700; Pittsburgh, PA 15222-3114. H-156 Bare Pipe Replacement Project (Project), in Independence and Findlay Townships, Beaver and Allegheny County (respectively), in the ACOE Pittsburgh District. The Project includes the replacement of three sections of existing pipeline. The First Segment starts approximately 0.9 mile west of the intersection of Bocktown Road with Independence Road, Independence Township, Beaver County (Aliquippa, PA Quadrangle Latitude: 40°32`51.23" Longitude: -80°19`6.07") and ends in a field approximately 0.5 mile east of Bocktown Cork Road, Independence Township, Beaver County (Aliquippa, PA Quadrangle Latitude: 40°32`1.20"; Longitude: -80°18`9.99").
The Second Segment starts just to the south of the Pittsburgh International Airport, Findlay Township, Allegheny County (Clinton, PA Quadrangle Latitude: 40°29`7.41" Longitude: -80°14`49.07") and ends along an existing access road approximately 0.25 mile to the east of Enlow Road, Findlay Township, Allegheny County (Clinton, PA Quadrangle Latitude: 40°28`30.17"; Longitude: -80°14`9.96").
The Third Segment starts along McClaren Road approximately 0.08 mile north of the intersection with Garden Lane, Findlay Township, Allegheny County (Clinton, PA Quadrangle Latitude: 40°27`53.79" Longitude: -80°13`11.33") and ends in a wooded area approximately 0.1 mile northwest of Hemlock Road, Findlay Township, Allegheny County (Clinton, PA Quadrangle Latitude: 40°27`40.61"; Longitude: -80°12`47.23").
On January 30, 1988, Equitrans, L.P. received an Order Issuing Certificate from the Federal Energy Regulatory Commission (FERC) authorizing Equitrans to abandon, construct and operate certain facilities as part of the H-156 Pipeline Project in Beaver and Allegheny County, Pennsylvania (FERC Docket No. CP89-676). The activities described in this request are covered under the automatic blanket certificate and reported to the FERC on a yearly basis. A year-end submission to the FERC of all projects completed in the previous calendar year is due May 1 of every year.
On July 28, 2017, Applicant requested a State water quality certification from the Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
To allow for the modernization of the H-156 pipeline for integrity assessment through the use of in-line inspection, Equitrans proposes to replace approximately 13,800 linear feet of 8-inch diameter bare natural gas pipe with coated, 8-inch diameter natural gas pipe within the existing right-of-way. The Project is part of Equitrans' compliance program and is required to maintain the integrity of the operating system. The use of lift and lay construction for this project means that the replacement pipeline will be located in the same trench as the existing line. The existing 8-inch pipeline will be taken out of service, purged, and removed. The new pipeline will utilize the same permanent right-of-way as the existing line during construction; there are no deviations anticipated. The project will utilize traditional open cut or conventional bore construction techniques for all nine stream and one wetland crossing locations. The nine stream and one wetland crossings occur within the following receiving waters: Raccoon Creek, Raredon Run, and Montour Run.
The Project, as proposed, includes replacement of approximately 13,800 LF of one 8" diameter gas line across 3 pipeline segments. The Project, as proposed, will require approximately 37.68 acres of earth disturbance, and impacts to 492 linear feet of an Unnamed Tributary (UNT) to Raccoon Creek, an UNT to Raredon Run, and UNT's to Montour Run, 1.66 acre of floodway, 0.03 acre of temporary PEM wetland impacts, and 0.04 acre of PEM permanent impacts.
There are seven temporary access roads planned for the Project utilizing both existing unpaved roads/driveways as well as the development of proposed temporary access roads to support this project that will be returned to preexisting conditions upon completion. The pipeline will be installed using a typical 75-foot wide limit of disturbance (LOD) for pipeline construction with areas of temporary work space adjacent to the LOD, and a typical 40-foot LOD for the access roads to allow access to the pipeline corridor. The construction ROW will be reduced to a 50-foot-width at streams and wetlands. The permanent ROW width will be 50 feet centered on the pipeline. There is no anticipated permanent increase in impervious area or in stormwater runoff due to the construction of the pipeline.
Pursuant to Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), the Department, by this notice, proposes to certify that the construction, operation and maintenance of the Project complies with the applicable provisions of the Clean Water Act, through compliance with the following State water quality permitting programs, criteria and conditions established pursuant to Pennsylvania's Clean Stream Law (35 P.S. §§ 691.1—691.1001), which ensure the Project does not violate applicable water quality standards set forth in 25 Pa. Code Chapter 93:
1. Discharge Permit—Equitrans shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law, and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Equitrans shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit (reviewed by Beaver and Allegheny County Conservation Districts) for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment (ESCGP-2) 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—Equitrans shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permit (reviewed by Beaver and Allegheny County Conservation Districts) for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Equitrans.
5. Operation—Equitrans 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 Section 401 Water Quality 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 Equitrans.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this Section 401 Water Quality Certification, including all required State water quality permits and water quality standards. A copy of this certification shall be available for inspection by the Department during such inspections of the Project.
7. Transfer of Projects—If Equitrans intends to transfer any legal or equitable interest in the Project which is affected by this Section 401 Water Quality Certification, Equitrans shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to the Department concerning this Section 401 Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Gregory W. Holesh, P.E., Environmental Group Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
9. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
10. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
11. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Prior to issuance of the final State water quality certification, the Department will consider all relevant and timely comments, suggestions or objections submitted to the Department within 30 days of this notice. Comments should be directed to Gregory W. Holesh, PE, at the above address, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.
[Pa.B. Doc. No. 17-1452. Filed for public inspection September 1, 2017, 9:00 a.m.]
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