[47 Pa.B. 7589]
[Saturday, December 16, 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.
32831602 and NPDES No. PA0214515. General Trade Corporation, (745 Power Plant Road, New Florence, PA 15944-7000). To renew the NPDES permit for the Central Preparation Plant in West Wheatfield Township, Indiana County. No additional discharges. The application was considered administratively complete on May 1, 2013. Application received March 12, 2013. Permit issued November 17, 2017.
32901602 and NPDES No. PA0214442. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To renew the permit for the I-22 Tipple in Burrell Township, Indiana County and related NPDES Permit. No additional discharges. The application was considered administratively complete on October 21, 2014. Application received December 13, 2013. Permit issued November 30, 2017.
NPDES No. PA0037109. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To renew the NPDES permit for the Lucerne No. 9 Mine in Young and Conemaugh Townships, Indiana County. No additional discharges. The application was considered administratively complete on December 28, 2016. Application received May 25, 2016. NPDES Permit issued November 16, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
17970110. Rosebud Mining Company (301 Market Street, Kittanning, PA 16201). Permit renewal for reclamation only of a bituminous surface coal and auger mine located in Penn Township, Clearfield County affecting 256.0 acres. Receiving Stream(s): Bell Run and three (3) Unnamed Tributaries to Bell Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: August 7, 2017. Permit issued: November 14, 2017.
17970102 and NPDES PA0220558. Enercorp, Inc. (1310 Allport Cutoff, Morrisdale, PA 16858). Permit renewal for reclamation only of a passive treatment system located in Graham Township, Clearfield County affecting 11.4 acres. Receiving stream(s): Alder Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: June 6, 2017. Permit issued: November 30, 2017.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
26050110 and NPDES Permit No. PA.0250783 Albert F. Stiffler (141 Locust Road, Box 42C, Normalville, PA 15469). Permit renewal issued for continued mining to an existing bituminous surface mine, located in Saltlick Township, Fayette County, affecting 156.9 acres. Receiving streams: unnamed tributary to Little Champion Creek. Application received: July 21, 2016. Renewal permit issued: November 28, 2017.
26000201 and NPDES Permit No. PA0202801. Carbon Fuel Resources, Inc. (2927 Pittsburgh Street, Perryopolis, PA 15473). Permit renewal issued for continued mining to an existing bituminous surface mine, located in German Township, Fayette County, affecting 73.7 acres. Receiving streams: unnamed tributary to Monongahela River and unnamed tributary to Browns Run to Monongahela River. Application received: January 19, 2016. Renewal permit issued: November 29, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54011301R3. Alfred Brown Coal, (71 Hill Road, Hegins, PA 17938), renewal of an existing anthracite underground mine operation in Blythe Township, Schuylkill County affecting 36.5 acres, receiving stream: Schuylkill River. Application received: March 16, 2017. Renewal issued: December 4, 2017.
Permit No. PAM113029R. Alfred Brown Coal, (71 Hill Road, Hegins, PA 17938), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Underground Mining Permit No. 54011301 in Blythe Township, Schuylkill County, receiving stream: Schuylkill River. Application received: March 15, 2017. Renewed issued: December 4, 2017.
Noncoal Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 67870301C12. York Building Products Co., Inc., (950 Smile Way, Suite A, York, PA 17404), correction to revise the mining limit to remove the pre-act highwall in West Manchester Township and City of York, York County affecting 269.8 acres, receiving stream: Willis Run. Application received: February 6, 2017. Correction issued: November 30, 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
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 35174111. John H. Brainard, (PO Box 66, Clifford, PA 18413), construction blasting for Glen-maura Senior Center in Moosic Borough, Lackawanna County with an expiration date of December 31, 2018. Permit issued: November 28, 2017.
Permit No. 46171423. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for Cheltenham Sewer Replacement Project in Cheltemham Township, Montgomery County with an expiration date of June 30, 2018. Permit issued: November 28, 2017.
Permit No. 46174124. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Firefox Phase 2 in Montgomery and Hatfield Townships, Montgomery County with an expiration date of November 22, 2018. Permit issued: November 28, 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 Southeast Region: Waterway and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5900.
E51-278. Independence Seaport Museum, 211 S. Columbus Boulevard, Philadelphia, PA 19106, City of Philadelphia, Philadelphia County, ACOE Philadelphia District.
To operate and maintain the existing floating dock facility and to construct and maintain a 5,030 SF of floating dock in and along the 100-year floodway of the Delaware River associated with seven (12 inch) steel piles for anchoring of the proposed dock facility.
The site is located at 211 South Columbus Boulevard. (Philadelphia, PA NJ, USGS map Latitude: 39.945243 N; Longitude: -75.140569 W).
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
E15-884. West Marlborough Township, 1300 Doe Run Road, Coatesville, PA 19320, West Marlborough Township, Chester County, ACOE Philadelphia District.
To restore, construct, and maintain approximately 1,000 linear feet in and along the 100-year floodplain of Buck Run (TSF, MF), also known as, Rokeby Road Stream Bank Restoration Project.
The proposed work will include the installation of fish habitat structures, stream bank stabilization, and floodplain restoration. The site is located near the intersection of Rokeby and Springdell Roads (Coatesville, PA, USGS Map, Latitude: 39.92666; Longitude: -75.83673).
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E02-1739. Independence Excavating Inc., 3826 Saxonburg Boulevard, Cheswick, PA 15024. Indiana Township, Allegheny County, Army Corps of Engineers Pittsburgh District.
To maintain fill in 0.09 acre of (PEM) wetlands within the Deer Creek Watershed (CWF) for the purpose of constructing a new office building and associated parking area. The permittee is required to construct 0.22 acre of replacement wetlands. The project is located approximately 1,775 feet east of the Pennsylvania Turnpike (76) along Saxonburg Road (Glenshaw & New Kensington, PA Quadrangles Latitude: 40° 35` 15"; Longitude: -79° 52` 22").
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E36-968: PA Department of Transportation, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1625 in Elizabethtown Borough, Lancaster County, U.S. Army Corps of Engineers, Baltimore District.
To remove existing structure and to install and maintain a 60-linear foot 19-foot wide precast concrete frame culvert in Conoy Creek (TSF, MF) for the purpose of improving roadway safety. The project is located in Elizabethtown Borough, Lancaster County. (40° 09` 08.9", -76° 36` 24.2").
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
EA07-005: U.S. Fish and Wildlife Service, 110 Radnor Road, State College, PA 16801 in Blair Township, Blair County, U.S. Army Corps of Engineers Baltimore District.
To 1) construct and maintain stream restoration activities on a 1,400 linear foot reach of Halter Creek (HQ-CWF, MF) consisting of log vane structures, mudsill structures, brush mattress structures, installation and removal and restoration of temporary access ramps into the creek, and a channel re-alignment and stabilization on a meander bend all permanently impacting 657 linear feet and temporarily impacting 125 linear feet of Halter Creek (HQ-CWF, MF), and its associated floodway; and 2) construct and maintain stream restoration activities on a 2,600 foot reach of the Frankstown Branch of the Juniata River (WWF, MF) consisting of log vane structures, mudsill structures, channel block structures, 600 feet of relocated channel, installation and removal and restoration of temporary access ramps into the river, and removal of an existing footbridge and abutments all permanently impacting 902 linear feet and temporarily impacting 371 linear feet of the Frankstown Branch of the Juniata River (WWF, MF) and its associated floodway and permanently impacting 0.03 acre of Exceptional Value Palustrine Emergent Wetland; all for the purpose of restoring the stream reaches, reducing sedimentation, and improving stream stabilization.
Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, Floor 2, 400 Market Street, P.O. Box 8460, Harrisburg, PA 17105-8460.
Pag-02—1447-17-02. Borough of Danville, 239 Mill Street, Danville, PA 17821, Montour County, USACOE Baltimore District.
Revisions to Upper Susquehanna Levee to meet freeboard requirements. NPDES plans include a base option and an alternative option of varying width. NPDES application submitted to concur with the larger alternative. Disturbed Acreage = 4.53 (Latitude: 40° 57` 5"; Longitude: -76° 36` 36").
E4614-002, Township of Abington, 1176 Old York Road, Abington, PA 19001, in Abington and Upper Dublin Townships, Montgomery County, U.S. Army Corps of Engineers, Philadelphia District.
To install a stormwater culvert and headwall that outlets into a box culvert located at the existing Commonwealth-constructed Upper Dublin Flood Protection Project. The flood protection project is located along an unnamed tributary to Sandy Run (TSF, MF), also known as the Ardsley Drainage Channel. The location of the project is at the upstream end of the flood protection project (Latitude 40° 7` 23"; Longitude: -75° 9` 21").
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 # ESX17-007-0006
Applicant Name ETP Northeast Field Services, LLC
Contact Person Tom Glisson
Address 6051 Wallace Road Ext, 3rd Floor
City, State, Zip Wexford, PA 15090
County Beaver County
Township(s) New Sewickley Township
Receiving Stream(s) and Classification(s) UNTs to Crows Run (WWF), UNTs to Pine Run (WWF), & Pine Run (WWF)ESCGP-2 # ESX16-005-0012
Applicant Name Snyder Bros, Inc
Contact Person Carl Rose
Address P.O. Box 1022
City, State, Zip Kittaning, PA 16201
County Armstrong County
Township(s) Boggs and Wayne Townships
Receiving Stream(s) and Classification(s) Scrubgrass Creek (CWF)ESCGP-2 # ESX16-003-0008
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2400 Ansys Drive, Suite 200
City, State, Zip Canonsburg, PA 15317
County Allegheny County
Township(s) Forward Township
Receiving Stream(s) and Classification(s) UNTs to Bunola Run (WWF) and Bunola Run (WWF)Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESG17-019-0016—W22 to W32 Pipeline Proj-
ect
Applicant Pine Run Midstream, LLC
Contact Mr. Scott Sweder
Address 1000 Commerce Drive; Park Plase One; Suite 400
City Pittsburgh State PA Zip Code 15275
County Butler Township(s) Winfield
Receiving Stream(s) and Classification(s) UNTs to North Branch Rough Run/Buffalo Creek WatershedEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESG29-105-17-0021
Applicant Name JKLM Energy LLC
Contact Person Scott Blauvelt
Address 2200 Georgetowne Dr, Suite 500
City, State, Zip Sewickley, PA 15143
County Potter
Township(s) Sweden
Receiving Stream(s) and Classification(s) UNTs to Nelson Run (HQ-CWF)
Secondary—Nelson Run (HQ-CWF)ESCGP-2 # ESX29-115-17-0030
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Rd
City, State, Zip Montoursville, PA 17754
County Susquehanna
Township(s) Springville & Lathrop
Receiving Stream(s) and Classification(s) UNTs to Field Brook (CWF-MF)
SPECIAL NOTICES
Notice of Certification to Perform Radon-Related Activities in Pennsylvania In the month of November 2017 Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act, act of July 9, 1987, P.L. 238, No. 43 (63 P.S. §§ 2001—2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed below to perform radon-related activities in Pennsylvania. The period of certification is two years. (For a complete list of persons currently certified to perform radon-related activities in Pennsylvania and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P.O. Box 8469, Harrisburg, PA 17105-8469, (1-800-23RADON).
Name Address Type of
CertificationJustin Ake 2309 13th Street
Altoona, PA 16601Testing Chad Albright 4101 Beale Avenue
Altoona, PA 16601Mitigation Robert Anderson
Radon Protection Services of Gettysburg282 Longstreet Drive
Gettysburg, PA 17325Mitigation Thomas Angelucci 424 East Church Street
Stevens, PA 17578Testing Keith Carpenter 124 Old Colony Drive
Johnstown, PA 15904Testing Dino Chieffallo
Absolute Safeguard Home Inspection Services1063 Norsis Drive
Pittsburgh, PA 15220Testing Zach DeAugustine 724 New Bridge Road
Rising Sun, MD 21911Testing Mark Droege 238 Pheasant Drive
Columbia, PA 17512Testing Thomas Giambrone 6233 Frankford Avenue
2nd Floor
Philadelphia, PA 19135Testing Gregory Gibson PO Box 733
Tannersville, PA 18372Mitigation Steven Gorman
Mason Dixon Home Inspections, Inc.282 Longstreet Drive
Gettysburg, PA 17325Testing Ammon Hontz PO Box 4064
Jim Thorpe, PA 18229Testing Kyle Keck 1105 Nicholas Street
Bethlehem, PA 18017Testing Michal Kluza 8020 Mine Street
Fogelsville, PA 18051Mitigation Michal Kluza
S.W.A.T. of PA8020 Mine Street
Fogelsville, PA 18051Testing & Mitigation Gregory Kopenhaver PO Box 902
Blue Bell, PA 19422Testing Judith Kriegler 14501 George Carter Way
Suite 110
Chantilly, VA 20151
Testing Juan Lluna-Garces 1324 Crestmont Drive
Downingtown, PA 19335Testing & Mitigation Winfield Lyons 16 West Hanover Street
Gettysburg, PA 17325Testing Justin McCurry 722 Main Street
Pennsburg, PA 18073Testing Michael Morrow PO Box 18
Strasburg, PA 17579Testing Stephen Notwick 27 Jasmine Road
Levittown, PA 19056Testing George Radeschi 311 Oakview Road
Bedford, PA 15522Testing Jooik Ro 30 Sunset Drive
Carlisle, PA 17013Mitigation Brian Simmons 12653 Van Horne Road
Meadville, PA 16335Testing Tayzak Incorporated 523 Burnside Road
McDonald, PA 15057Testing
Final State Water Quality Certification
Required by Section 401 of the Clean Water Act
for the Equitrans, L.P. H-156 Bare Pipe Replacement ProjectSouthwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, P.E., 412-442-4000.
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 Counties (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 (DEP), 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, a 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.
DEP published notice of its proposed state water quality certification at 47 Pa.B. 5232 (September 2, 2017) and received no comments from the public.
DEP 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 DEP 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 DEP'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 DEP 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—DEP 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 DEP 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 DEP 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 DEP Regional Office of such intent. Notice to DEP 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 DEP concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Dana Drake, P.E., Program Manager, Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
9. Reservation of Rights—DEP 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. DEP 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.
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. 17-2083. Filed for public inspection December 15, 2017, 9:00 a.m.]
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