[47 Pa.B. 675]
[Saturday, February 4, 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
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100.
32131303. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To transfer the permit for the Crooked Creek Mine in Washington Township and Creekside Borough, Indiana County from Western Allegheny Energy, LLC. No discharges. The application was considered administratively complete on September 20, 2016. Application received May 2, 2016. Permit issued January 13, 2017.
32041301 and NPDES No. PA0235644. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To transfer the permit for the Brush Valley Mine in Center Township, Indiana County and related NPDES Permit from Western Allegheny Energy, LLC to Rosebud Mining Company. No additional discharges. The application was considered administratively complete on July 7, 2016. Application received March 4, 2016. Permit issued January 13, 2017.
32061303 and NPDES No. PA0235725. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To renew the permit for the Heilwood Mine in Pine and Cherryhill Townships, Indiana County. No additional discharges. The application was considered administratively complete on February 4, 2013. Application received November 29, 2012. Permit issued January 13, 2017.
30841317 and NPDES No. PA0213527. Consol Pennsylvania Coal Company LLC, (1000 Consol Energy Drive, Canonsburg, PA 15317). To revise the permit for the Enlow Fork Mine in Richhill Township, Greene County and East Finley Township, Washington County and related NPDES permit for installation of F27 Powerline. Surface Acres Proposed 24.1. No additional discharges. The application was considered administratively complete on April 13, 2016. Application received November 2, 2015. Permit issued January 20, 2017.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 56090106 and NPDES No. PA0262765. Mountaineer Mining Corp., 1010 Garrett Shortcut Road, Berlin, PA 15530, renewal for the continued operation and restoration of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 105.5 acres. Receiving streams: unnamed tributaries to/and Buffalo Creek classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: September 1, 2016. Permit issued: January 18, 2017.
Noncoal Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 7775SM4C5 and NPDES Permit No. PA0594563. Lehigh Cement Co., LLC, (7660 Imperial Way, Allentown, PA 18195), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Oley Township, Berks County affecting 180.2 acres, receiving stream: unnamed tributary to Manatawny Creek. Application received: June 10, 2014. Permit issued: January 20, 2017.
Permit No. 7775SM5C3 and NPDES Permit No. PA0594954. Lehigh Cement Co., LLC, (7660 Imperial Way, Allentown, PA 18195), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Oley Township, Berks County affecting 91.1 acres, receiving stream: Limekiln Creek. Application received: May 19, 2015. Renewal issued: January 20, 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.
04164105. Wampum Hardware Company (2856 Stoystown Road, Friedens, PA 15541) Blasting activity permit for road construction in Conway Borough, Beaver County. This blasting activity permit expires on December 31, 2017. Permit Issued: January 9, 2017.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
02174101. Wampum Hardware Co. (636 Paden Road, New Galilee, PA 16141). Blasting activity permit for construction at the Kelly Run Landfill located in Forward Township, Allegheny County with an expiration date of December 31, 2017. Blasting permit issued: January 3, 2017.
30174101. Wampum Hardware Co. (636 Paden Road, New Galilee, PA 16141). Blasting activity permit for the construction of the EQT Olkchak Pad, to conduct seismic activity located in Center Township, Greene County with an expiration date of December 31, 2017. Blasting permit issued: January 13, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 36174103. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Eden Road Custom Lots in Manheim Township, Lancaster County with an expiration date of January 17, 2018. Permit issued: January 19, 2017.
Permit No. 48174102. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Conagra Mills in Upper and Lower Mt. Bethel Townships, Northampton County with an expiration date of January 13, 2018. Permit issued: January 19, 2017.
Permit No. 67174101. M & J Explosives, LLC, (P.O. Box 1248, Carlisle, PA 17013), construction blasting for Rutters Store 1 in Springettsbury Township, York County with an expiration date of January 10, 2018. Permit issued: January 19, 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 District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA.
E5929-059: Howard Energy Partners, LLC, 37 Fox Chase Drive, Towanda, PA 18848-9060, Liberty Township, Tioga County, ACOE Baltimore District.
To construct, operate, and maintain:
1) A temporary road crossing using timber mats, a 20 inch diameter natural gas pipeline, and a 16 inch diameter waterline impacting 949 square feet of a palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°36`09"N, 77°06`23"W);
2) A temporary road crossing using timber mats, a 20 inch diameter natural gas pipeline, and a 16 inch diameter waterline impacting 1,111 square feet of an exceptional value palustrine emergent (EV-PEM) wetland (Liberty, PA Quadrangle 41°36`05"N, 77°06`19"W);
3) A temporary road crossing using timber mats, a 20 inch diameter natural gas pipeline, and a 16 inch diameter waterline impacting 50 linear feet of an unnamed tributary to Blacks Creek (CWF) (Liberty, PA Quadrangle 41°36`06"N, 77°06`21"W);
4) A temporary road crossing using timber mats impacting 68 square feet of a palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°35`38"N, 77°06` 35"W);
5) A temporary road crossing using timber mats, a 20 inch diameter natural gas pipeline, and a 16 inch diameter waterline impacting 3,051 square feet of a palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°35`36"N, 77°06`43"W);
6) A temporary road crossing using timber mats, a 20 inch diameter natural gas pipeline, and a 16 inch diameter waterline impacting 3,499 square feet of a palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°35`35"N, 77°06`52"W);
7) A temporary road crossing using timber mats, a 20 inch diameter natural gas pipeline, and a 16 inch diameter waterline impacting 991 square feet of a palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°35`36"N, 77°07`05"W);
8) A temporary road crossing using timber mats, a 20 inch diameter natural gas pipeline, and a 16 inch diameter waterline impacting 2,275 square feet of a palustrine emergent (PEM) wetland and 52 linear feet of Blacks Creek (CWF) (Liberty, PA Quadrangle 41°35`36"N, 77°07`09"W);
9) A temporary road crossing using timber mats impacting 432 square feet of a palustrine emergent (PEM) wetland (Liberty, PA Quadrangle 41°35`36"N, 77°07` 21"W).
The project will result in 12,376 square feet (0.28 acre) of temporary wetland impacts and 102 linear feet of temporary stream impacts all for the purpose of installing a natural gas gathering line in Liberty Township, Tioga County.
Northwest Region: Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-503, David Frydrych, 3 Northgate Plaza, Unit 2 Route 19 North, Harmony, PA 16037. Frydrych Property Fill, in Jackson Township, Butler County, ACOE Pittsburgh District.
The Applicant proposes to permanently fill approximately 0.11 acre of wetlands within the floodplain of Scholars Run for the protection and expansion of the parking area around the Bi-Lo gas station at a point approximately 400 feet southwest of the U.S. Route 19 and Little Creek Road intersection. The Applicant proposes to mitigate for the wetland impacts by constructing approximately 0.11 acre of on-site replacement wetlands. (Zelienople, PA Quadrangle N: 40.811322°, W: -80.128408°).
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 # ESX16-059-0005
Applicant Name EQT Production Company LLC
Contact Person Todd Klaner
Address 2400 Zenith Ridge Road, Suite 200
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Jackson Township
Receiving Stream(s) and Classification(s) UNTs to Penn-
sylvania Fork Fish Creek (WWF)
Secondary: Pennsylvania Fork Fish CreekESCGP-2 # ESX11-059-0027 (Major Modification)
Applicant Name Chevron Appalachia, LLC
Contact Person Branden Weimer
Address 800 Mountain View Drive
City, State, Zip Smithfield, PA 15478
County Greene County
Township(s) Dunkard Township
Receiving Stream(s) and Classification(s) UNTs to
Meadow Run (WWF), UNT to Dunkard Creek (WWF)
Secondary: Meadow Run (WWF) & Dunkard Creek
(WWF)ESCGP-2 # ESX16-059-0010
Applicant Name Rice Drilling B, LLC
Contact Person Joseph C. Mallow
Address 400 Woodcliff Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Aleppo Township
Receiving Stream(s) and Classification(s) UNTs to Blacks
Creek (TSF), UNTs to Long Run (TSF)
Secondary Blacks Creek and Long RunESCGP-2 # ESX16-125-0002
Applicant Name Rice Drilling B, LLC
Contact Person Joseph C. Mallow
Address 400 Woodcliff Drive
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Somerset Township
Receiving Stream(s) and Classification(s) UNTs to Little
Chartiers Creek (HQ-WWF), Little Chartiers Creek
(HQ-WWF), Chartiers Creek
Southwest Region: Waterways & Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
ESCGP-2 No. Applicant Name &
AddressCounty Municipality Receiving
Water/UseESG00129160001 Equitrans, LP
625 Liberty Avenue
Suite 1700
Pittsburgh, PA 15222-3114Westmoreland County Unity Township and Derry Township Four Mile Run
(WWF) and
Loyalhanna Creek
(TSF)
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESX11-031-0014—Scotch Pad Renewal
Applicant EXCO Resources (PA), LLC
Contact Mr. Brian Rushe
Address 260 Executive Drive, Suite 100
City Cranberry Township State PA Zip Code 16066
County Clarion Township(s) Redbanks
Receiving Stream(s) and Classification(s) Miller Run/
Upper Redbank CreekEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-115-16-0040
Applicant Name Williams Field Services Co LLC
Contact Person Lauren Miladinovich
Address Park Place Corporate Ctr 2, 2000 Commerce Dr
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Bridgewater
Receiving Stream(s) and Classification(s) UNTs to
Meshoppen Ck (CWF-MF)ESCGP-2 # ESX29-015-16-0032
Applicant Name Chesapeake Appalachia LLC
Contact Person Brian Davis
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford
Township(s) Canton & Leroy
Receiving Stream(s) and Classification(s) UNT to
Towanda Ck (TSF, MF)
Secondary—Towanda CkESCGP-2 # ESX11-023-0009(01)
Applicant Name Seneca Resources Corp
Contact Person Douglas Kepler
Address 5800 Corporate Dr, Suite 300
City, State, Zip Pittsburgh, PA 15237
County Cameron
Township(s) Shippen
Receiving Stream(s) and Classification(s) Havens Run
(CWF); Six and One Half Mile Hollow (EV); UNTs to
Right Branch Cooks Run (EV)
Secondary—Potato Ck (TSF); North Ck (EV); Right
Branch Cooks Run (EV)ESCGP-2 # ESG29-015-16-0024
Applicant Name Talisman Energy USA Inc
Contact Person Lance Ridall
Address 337 Daniel Zenker Dr
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Columbia Twp & Sylvania Boro
Receiving Stream(s) and Classification(s) Morgan Ck
(TSF); UNT to W Branch Sugar Ck (TSFP
Secondary—S Branch Sugar Ck
SPECIAL NOTICES
Air Quality; Petition for an Alternative Compliance Schedule Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
06-05040D: East Penn Manufacturing Co., Inc. (PO Box 147, Deka Road, Lyon Station, PA 19536-0147). On December 29, 2016, DEP approved East Penn's October 24, 2016 petition for an alternative compliance schedule for case-by-case RACT 2 implementation for Sources 101/108 at the secondary lead smelting facility located in Richmond Township, Berks County. East Penn is proposing to implement burner system modifications to the Source 101/108 smelter furnace system within 3 years of DEP's issuance of a plan approval for these changes. Between the initial compliance date of 1/1/17 and the completion of burner system modifications noted above, the facility would comply with the existing Title V NOx permit limits for Source 101/108 of 0.7 lb/MMBtu and 83.4 tpy. DEP approved the petition for alternative compliance schedule with the following caveats: 1.) the final compliance date shall be no later than 3 years after December 29, 2016, and 2.) the petition approval is contingent upon future DEP approval of the case-by-case RACT proposal contained in Plan Approval Application No. 06-05040D, as proposed by East Penn.
Final State Water Quality Certification Required by Section 401 of the Clean Water Act for the Leach Xpress Project Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Rita Coleman, 412-442-4149.
The following description is a revision of the WQ05-012 that was published on December 17, 2016:
WQ05-012, Columbia Gas Transmission, LLC (Applicant), 5151 San Felipe Street, # 2400; Houston, TX 77056. Leach Xpress Project (Project), in Richhill Township, Greene County, ACOE Pittsburgh District. Within Pennsylvania, the proposed project starts approximately 0.4 mile south of Majorsville, WV (Majorsville, PA Quadrangle N: 39°, 57`, 36"; W: -80°, 31`, 09") and ends at 0.75 mile north west of the intersection of Fry Hill Road and Coal Rock Road (Majorsville, PA Quadrangle N: 39°, 56`, 22"; W: -80°, 31`, 09").
On June 8, 2015, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP15-514-000). The FERC Environmental Impact Statement for the Project, which was issued on September 1, 2016, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-514-000).
On March 25, 2016, Applicant requested a State water quality certification from the Pennsylvania Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The Project consists of four new natural gas pipelines, totaling 160.67 miles, through West Virginia, Pennsylvania and Ohio. Within Pennsylvania, the Project, includes approximately 1.74 mile of 36-inch pipeline, for the purpose of transporting natural gas from Majorsville, PA to the Pennsylvania-West Virginia state line. The Project, as proposed, will require approximately 29.83 acres of earth disturbance, and impacts to 1,892 linear feet of Unnamed Tributaries of Enlow Fork (WWF), Unnamed Tributaries of Dunkard Creek (WWF), and Dunkard Creek (WWF), 4.03 acres of floodway, 0.14 acre of temporary PEM wetland impacts.
The Department published notice of its proposed state water quality certification in the Pennsylvania Bulletin on October 8, 2016 (46 Pa.B. 6331) and received 0 comments from the public.
The Department certifies to Applicant that the construction, operation and maintenance of the Project will not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93, provided Applicant complies with the permitting programs, criteria and conditions established pursuant to State law:
1. Discharge Permit—Applicant shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Threatened and Endangered Species—Applicant shall implement the Columbia Pipeline Group Multi Species Habitat Conservation Plan and the resulting Incidental Take Permit as reviewed and approved by the United States Fish and Wildlife Service and adhere to any subsequent revisions approved by the United States Fish and Wildlife Service.
6. 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.
7. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department during such inspections of the Project.
8. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
9. 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, Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
10. 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.
11. 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.
12. 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.
Any person aggrieved by this action may file a petition for review pursuant to Section 19(d) of the Federal Natural Gas Act, 15 U.S.C.A. 717r(d), with the Office of the Clerk, United States Court of Appeals for the Third Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Important legal rights are at stake, so you should show this document to a lawyer at once.
[Pa.B. Doc. No. 17-194. Filed for public inspection February 3, 2017, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
