[47 Pa.B. 838]
[Saturday, February 11, 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. 32150101 and NPDES No. PA0279421. Amerikohl Mining Inc., 202 Sunset Drive, Butler, PA 16001, commencement, operation and restoration of a bituminous surface mine in West Wheatfield Township, Indiana County, affecting 58.4 acres. Receiving streams: unnamed tributary to/and Roaring Run to Conemaugh River, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: October 7, 2016. Permit issued: January 18, 2017.
The permit includes a stream encroachment to extend an existing culvert for the purpose of widening the haul road where it crosses the stream within the barrier area of unnamed tributary to Roaring Run.
Permit No. 29160101 and NPDES No. PA0279285. J&J Svonavec Excavating, Inc., 618 Samuels Road, Somerset, PA 15501, commencement, operation and restoration of a bituminous surface mine in Wells and Broad Top Townships, Fulton and Bedford Counties, affecting 66.0 acres. Receiving stream: Great Trough Creek classified for the following use: trout stocked fishes. There are no potable water supply intakes within 10 miles downstream. Application received: November 4, 2016. Permit issued: January 24, 2017.
The permit includes a wetland encroachment to mine through and replace 0.222 acre of wetlands.
The permit also includes a request for a Section 401 Water Quality Certification.
Permit No. 11060102 and NPDES No. PA0262200, E.P. Bender Coal Co., Inc., P.O. Box 594, Carrolltown, PA 15722, renewal for reclamation only of a bituminous surface and auger mine in Reade Township, Cambria County. Receiving streams: unnamed tributaries to/and Fallentimber Run classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: December 1, 2016. Permit issued: January 24, 2017.
Permit No. 32050106 and NPDES No. PA0249823, Beth Contracting Inc., 815 Rock Run Road, Glen Campbell, PA 15742, commencement, operation and restoration of a bituminous surface mine to change the land use from forestland to unmanaged natural habitat in Glen Campbell Borough, Indiana County, affecting 56.1 acres. Receiving streams: Brady Run and unnamed tributaries to Cush Creek classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: November 8, 2016. Permit Issued: January 25, 2017.
Permit No. 05160101 and NPDES No. PA0279447. J&J Svonavec Excavating, Inc., 618 Samuels Road, Somerset, PA 15501, commencement, operation and restoration of a bituminous surface mine in Broad Top, Wood, and Wells Townships, Bedford, Huntingdon, and Fulton Counties, affecting 95.0 acres. Receiving stream: Great Trough Creek classified for the following use: trout stocked fishes. There are no potable water supply intakes within 10 miles downstream. Application received: November 4, 2016. Permit issued: January 25, 2017.
The permit includes a stream encroachment to utilize an existing stream crossing on the haul road within the barrier area of unnamed tributary to Great Trough Creek.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
61980103. Bedrock Mines, LP (111 Freeport Road, Pittsburgh, PA 15215) Revision to an existing bituminous surface mine to change the post-mining land use from forestland to unmanaged natural habitat on the properties of Donna Duffola, Glenn H. McFadden, Thomas Glenn McFadden, and Neil Atwell in Irwin Township, Venango County. Receiving streams: Five unnamed tributaries to Scrubgrass Creek. Application received: October 24, 2016. Permit Issued: January 18, 2017.
16120104. Ancient Sun, Inc. (P.O. Box 129, Shippenville, PA 16254) Revision to an existing bituminous surface mine to add blasting in Elk Township, Clarion County, affecting 93.0 acres. Receiving streams: One unnamed tributary to Canoe Creek and three unnamed tributaries to Deer Creek. Application received: October 24, 2016. Permit Issued: January 26, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54-305-037GP12. Park Mine Coal Co., LLC, (294 Pine Creek Road, Orwigsburg, PA 17961), general operating permit to operate a coal preparation plant on Jeddo-Highland Coal Company, Surface Mining Permit No. 54683043 in Mahanoy Township, Schuylkill County. Application received: August 19, 2016. Permit issued: January 24, 2017.
Permit No. 40-305-009GP12C. Northampton Fuel Supply Co., Inc., (1 Horwith Drive, Northampton, PA 18067), modification of general operating permit to operate a coal preparation plant on Surface Mining Permit No. 40120101 in Foster and Hazle Townships, Luzerne County. Application received: November 28, 2016. Permit issued: January 24, 2017.
Permit No. PA0225606. Stoudt's Ferry Preparation Co., Inc., (P.O. Box 279, St. Clair, PA 17970), NPDES Permit associated with Bureau of Conservation and Restoration Contract No. M91:10-101.1 (replacing NPDES Permit No. PA0224197) in Upper Providence Township, Montgomery County, receiving stream: Schuylkill River. Application received: December 10, 2015. Permit issued: January 30, 2017.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
10000305. Three Rivers Aggregates, LLC (1807 Shenango Road, New Galilee, PA 16141) Revision to an existing large industrial minerals mine to add 14.0 acres in Worth Township, Butler County, for a total of 125.0 acres. Receiving streams: Unnamed tributary to Black Run and Black Run, and Slippery Rock Creek. Application received: October 3, 2016. Permit Issued: January 17, 2017.
PAM612003. Lester C. Henry (1555 Route 208, Emlen-ton, PA 16383) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 61122804 in Cranberry Township, Venango County. Receiving streams: East Sandy Creek. Application received: January 3, 2017. Permit Issued: January 23, 2017.
37070301 and NPDES Permit No. PA0258407. 422 Aggregates, LLC (960 Penn Ave., Suite 1200, Pittsburgh, PA 15222) Transfer of an existing large industrial minerals mine and associated NPDES permit from Terra Resources, LLC in Slippery Rock Township, Lawrence County, affecting 74.0 acres. Receiving streams: Unnamed tributaries to Brush Run and unnamed tributaries to Slippery Rock Creek. Application received: September 15, 2016. Permit Issued: January 23, 2017.
37080305 and NPDES Permit No. PA0258636. 422 Aggregates, LLC (960 Penn Ave., Suite 1200, Pittsburgh, PA 15222) Transfer of an existing large industrial minerals mine and associated NPDES permit from Terra Resources, LLC in Slippery Rock Township, Lawrence County, affecting 83.8 acres. Receiving streams: Unnamed tributaries to Slippery Rock Creek. Application received: September 15, 2016. Permit Issued: January 23, 2017.
PAM616015. A Liberoni, Inc. (459 Davidson Road, Pittsburgh, PA 15239) General NPDES Permit for stormwater discharges associated with mining activities on GP-103 Permit No. 10161005 in Clinton Township, Butler County. Receiving streams: Unnamed tributary to Lardintown Run and unnamed tributary to Davis Run. Application received: December 2, 2016. Permit Issued: January 25, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
08020806. Walter A. Dickerson (1173 Green Mountain Road, Gillett, PA 16925). Final bond release for a small industrial minerals surface mine, located in Ridgebury Township, Bradford County. Restoration of 1.5 acre completed. Receiving stream(s): Unnamed Tributary to Susquehanna River. Application received: October 27, 2016. Final bond release approved: January 24, 2017.
08040806. Walter A. Dickerson (1173 Green Mountain Road, Gillett, PA 16925). Final bond release for a small industrial minerals surface mine, located in Ridgebury Township, Bradford County. Restoration of 1.5 acre completed. Receiving stream(s): Bentley Creek. Application received: November 21, 2016. Final bond release approved: January 24, 2017.
53111002. Duffy, Inc. (P.O. Box 374, Smethport, PA 16749). Final bond release for a small industrial minerals surface mine located in West Branch Township, Potter County. Restoration of 5.0 acres completed. Receiving stream(s): Elk Run. Application received: December 5, 2016. Final bond release approved: January 24, 2017.
14990801. Ronald J. Seprish (104 East Park Ave., Snow Shoe, PA 16874). Final bond release for a small industrial minerals surface mine, located in Snow Shoe Township, Centre County. Restoration of 4.0 acres completed. Receiving stream(s): North Fork Beech Creek and South Fork Beech Creek. Application received: December 16, 2016. Final bond release approved: January 24, 2017.
41990802. Thomas J. Woodhead (170 Fink Drive, Montoursville, PA 17754). Final bond release for a small industrial minerals surface mine, located in Eldred Township, Lycoming County. Restoration of 1.0 acre completed. Receiving stream(s): Unnamed Tributary to Mill Creek. Application received: January 23, 2017. Final bond release approved: January 24, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 5975SM3A1C5 and NPDES Permit No. PA0223344. Eureka Stone Quarry, Inc., (P.O. Box 249, Chalfont, PA 18914), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Covington Township, Lackawanna County affecting 118.8 acres, receiving stream: Spring Brook. Application received: April 28, 2015. Renewal issued: January 24, 2017.
Permit No. 52980301C5 and NPDES Permit No. PA0223905. ER Linde Construction Corp., (9 Collan Park, Honesdale, PA 18431), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Lackawaxen Township, Pike County affecting 14.83 acres, receiving stream: unnamed tributary to Little Blooming Grove Creek. Application received: May 1, 2015. Renewal issued: January 24, 2017.
Permit 45900301T and NPDES Permit No. PA0595241. Lehigh Cement Co., LLC, (7660 Imperial Way, Allentown, PA 18195), transfer of an existing quarry operation and renewal of NPDES Permit for discharge of treated mine drainage in Ross Township, Monroe County affecting 22.65 acres, receiving stream: Bushwa Creek. Applications received: April 12, 2016. Transfer and Renewal issued: January 24, 2017.
Permit No. 36820301C9 and NPDES Permit No. PA0612171. H & K Group, Inc., (P.O. Box 196, Skippack, PA 19474), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Brecknock Township, Lancaster County affecting 131.7 acres, receiving stream: unnamed tributary to Black Creek. Application received: July 11, 2012. Renewal issued: January 26, 2017.
Permit No. 45020301C4 and NPDES Permit No. PA0224235. H & K Group, Inc., (PO Box 196, Skippack, PA 19474), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Smithfield Township, Monroe County affecting 61.9 acres, receiving stream: Marshalls Creek. Application received: December 7, 2012. Renewal issued: January 26, 2017.
Permit No. 58910301C6 and NPDES Permit No. PA0595454. F.S. Lopke Contracting, Inc. (3430 SR 424, Apalachin, NY 13732), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Forest Lake Township, Susquehanna County, receiving stream: Middle Branch Wyalusing Creek. Application received: February 11, 2013. Renewal issued: January 26, 2017.
Permit No. 39870302C10 and NPDES Permit No. PA0594326. H & K Group, Inc., (PO Box 196, Skippack, PA 19474), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in South Whitehall Township, Lehigh County affecting 63.7 acres, receiving stream: Jordan Creek. Application received: April 17, 2013. Renewal issued: January 26, 2017.
Permit No. 7975SM2A1C9 and NPDES Permit No. PA0613151. H & K Group, Inc., (PO Box 196, Skippack, PA 19474), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Plumstead Township, Bucks County affecting 13.5 acres, receiving stream: Geddes Run to Tohickon Creek. Application received: August 26, 2013. Renewal issued: January 26, 2017.
Permit No. 6276SM2A1C14 and NPDES Permit No. PA0594512. New Enterprise Stone & Lime Co., Inc. d/b/a Martin Limestone, Inc., (PO Box 550, Blue Ball, PA 17506), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in East Earl Township, Lancaster County affecting 232.2 acres, receiving stream: Conestoga Creek. Application received: December 14, 2015. Renewal issued: January 27, 2017.
Permit No. 4873SM10A2C10 and NPDES Permit No. PA0595284. Codorus Stone & Supply Co., Inc., (135 Mundis Race Road, York, PA 17402), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Manchester Township, York County affecting 140.4 acres, receiving stream: Codorus Creek. Application received: January 19, 2016. Renewal issued: January 27, 2017.
Permit No. 8275SM3C8 and NPDES Permit No. PA0117986. New Enterprise Stone & Lime Co., Inc. d/b/a Martin Limestone, Inc., (PO Box 550, Blue Ball, PA 17506), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Caernarvon and East Earl Townships, Lancaster County affecting 123.0 acres, receiving stream: unnamed tributary to Conestoga Creek. Application received: June 23, 2016. Renewal issued: January 27, 2017.
Permit No. 39970301C5 and NPDES Permit No. PA0223786. Lafarge North America, Inc., (5160 Main Street, Whitehall, PA 18052), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Whitehall Township, Lehigh County, receiving stream: unnamed tributary to Coplay Creek. Application received: May 22, 2012. Renewal issued: January 30, 2017.
Permit No. 5575SM1A3C10 and NPDES Permit No. PA0119555. New Enterprise Stone & Lime Co., Inc. d/b/a Eastern Industries, Inc., (3724 Crescent Court West, Whitehall, PA 18052), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Clifford Township, Susquehanna County affecting 212.6 acres, receiving stream: East Branch Tunkhannock Creek. Application received: March 5, 2015. Renewal issued: January 30, 2017.
Permit No. 7474SM1C12 and NPDES Permit No. PA0119263. New Enterprise Stone & Lime Co., Inc. d/b/a Eastern Industries, Inc., (3724 Crescent Court West, Whitehall, PA 18052), renewal of an NPDES permit for discharge of treated mine drainage from a quarry operation in Upper Nazareth, Lower Nazareth and Palmer Townships, Northampton County affecting 129.1 acres, receiving stream: unnamed tributary to Schoeneck Creek. Application received: May 22, 2015. Renewal issued: January 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. 36174102. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for EK Martin Tank in Clay Township, Lancaster County with an expiration date of February 28, 2017. Permit issued: January 25, 2017.
Permit No. 40174102. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for ECMS-7299 in Jackson Township, Luzerne County with an expiration date of January 19, 2018. Permit issued: January 25, 2017.
Permit No. 46174101. Brubacher Excavating, Inc., (P.O. Box 528, Bowmansville, PA 17507), construction blasting for Vandenberg Project in Upper Merion Township, Montgomery County with an expiration date of January 20, 2018. Permit issued: January 25, 2017.
Permit No. 54174102. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for CES Landfill in Foster and Frailey Township, Schuylkill County with expiration date of June 1, 2020. Permit issued: January 25, 2017.
Permit No. 40174103. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Suite A, Lackawaxen, PA 18435), construction blasting at 600 Commerce Boulevard in Hanover Township, Luzerne County with an expiration date of January 24, 2018. Permit issued: January 30, 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.
E44-151: Mifflin County Commissioners, 20 North Wayne Street, Lewistown, PA 17044 in Bratton Township, Mifflin County, U.S. Army Corps of Engineers, Baltimore District.
To install and maintain an asphalt parking area within the floodplain of the Juniata River (WWF, MF). The project proposes 0.22 acre of impact.
Application Project Description:
E33-254, Brookville Municipal Authority, 18 Western Avenue, Suite A, Brookville, PA 15825, Brookville Phase 2 & 1B Improvements, Jefferson County, ACOE Pittsburgh District (Brookville, PA Quadrangle N: 41°, 09`, 06"; W: -79°, 05`, 19").
To conduct the following activities within the floodway and 100-year floodplain of Redbank Creek associated with improvements Phase 1B & 2 to the Brookville Wastewater Treatment Facility (Brookville, PA Quadrangle N: 41°, 09`, 06"; W: -79°, 05`, 19") in Brookville Borough, Jefferson County.
• Installation of two 18" diameter HDPE stormwater drains feeding a single 24" diameter HDPE stormwater outfall with concrete headwall and R-4 riprap protection to address drainage of the northern portion of the site. (N: 41°, 09`, 09.371"; W: -79°, 05`, 21.188")
• Installation of the Influent Pump Station and 30" diameter Ductile Iron Influent Pipe. (N: 41°, 09`, 09.320"; W: -79°, 05`, 19.529") * Installation of a 12" diameter HDPE stormwater outfall with R-3 riprap protection to address drainage of the mid-portion of the site. (N: 41°, 09`, 06.484"; W: -79°, 05`, 20.011")
• Installation of Clarifiers # 1 & # 2 including associated appurtenances and demolitions within the left bank (east) floodplain of Redbank Creek. (N: 41°, 09`, 06.001"; W: -79°, 05`, 18.826")
• Installation of the Cascade Aerator and 24" diameter Ductile Iron Effluent Drain Pipe. (N: 41°, 09`, 05.018"; W: -79°, 05`, 19.662")
• Installation of a 30" diameter HDPE stormwater outfall with concrete headwall and R-4 riprap protection to address drainage of the southern portion of the site. (N: 41°, 09`, 04.043"; W: -79°, 05`, 20.494")
• Temporary impacts to the floodway and 100-year floodplain of Redbank Creek associated with construction activities to be remedied by stabilization and re-vegetation according to the approved Erosion & Sedimentation Plan.
Project Description for PA Bulletin Publication Notice
E43-365, PA Department of Transportation, District 1-0, 255 Elm Street, Oil City, PA 16301. SR 0208 Roadway Improvements in Springfield and Pine Township, Mercer County, ACOE Pittsburgh District (Grove City and Mercer, PA Quadrangle N: 41° 9` 22.3"; W: 80° 7` 24.7").
To conduct roadway improvements along SR 0208 from its intersection with SR 0258 east to its intersection with Gregg Street (Grove City and Mercer, PA Quadrangle N: 41° 9` 22.3"; W: 80° 7` 24.7") in Springfield and Pine Township, Mercer County, which includes the replacement of the existing structure over a UNT to Black Run with a reinforced concrete box culvert having a 10.0-foot by 6.5-foot clear waterway opening, placement of approximately 392 cubic yards of fill within the 100-year flood plain of Barmore Run, temporary impact to a total of 0.148 acre of wetland and permanent impact to a total of 0.069 acre of wetlands. Project includes debit from PennDOT's Butler County Wetland Bank for the permanent wetland impact.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA.
E0829-110: Talisman Energy USA Inc., 337 Daniel Zenker Drive, Horseheads, NY 14845, Columbia Township and Sylvania Borough, Bradford County, ACOE Baltimore District.
To construct, operate and maintain an access road with:
1. A 62-foot long by 20-foot-wide prefabricated metal bridge and a temporary timber mat bridge impacting 55 linear feet of Morgan Creek (TSF, MF) (Troy, PA Quadrangle Latitude: 41°34`23", Longitude: -76°29`36").
The project will result in 27 linear feet of permanent stream impact and 55 linear feet of temporary stream impact, all for the purpose of installing a permanent access road to a natural gas well pad.
E5829-111: Harmony Township, Bluestone Pipeline Company of Pennsylvania, LLC; 1429 Oliver Road, New Milford, PA 18834; Harmony Township, Susque-hanna County, ACOE Baltimore District.
To construct, operate, and maintain:
1) a 24-inch diameter steel natural gas gathering pipeline and temporary timber mat bridge crossing impacting 53 lineal feet of an unnamed tributary to Wildcat Run (CWF-MF) (Susquehanna, PA Quadrangle; Latitude: 41° 55` 33", Longitude: -75° 31` 01"),
2) a temporary timber mat bridge crossing impacting 23 lineal feet of an unnamed tributary to Wildcat Run (CWF-MF) (Susquehanna, PA Quadrangle; Latitude: 41° 55` 28", Longitude: -75° 30` 55"),
3) a 24-inch diameter steel natural gas gathering pipeline and temporary timber mat bridge crossing impacting 52 lineal feet of an unnamed tributary to Starrucca Creek (CWF-MF) (Susquehanna, PA Quadrangle; Latitude: 41° 56` 08", Longitude: -75° 30` 41"),
4) a 24-inch diameter steel natural gas gathering pipeline and timber mat crossing temporarily impacting 2,698 square feet (0.06 acre) of a palustrine emergent wetlands (PEM) (Susquehanna, PA Quadrangle; Latitude: 41° 55` 32", Longitude: -75° 31` 01"),
5) a timber mat crossing temporarily impacting 2,194 square feet (0.05 acre) of a palustrine emergent wetlands (PEM) (Susquehanna, PA Quadrangle; Latitude: 41° 55` 34", Longitude: -75° 31` 00"),
6) a 24-inch diameter steel natural gas gathering pipeline and timber mat crossing temporarily impacting 19,235 square feet (0.44 acre) of a palustrine emergent wetlands (PEM) (Susquehanna, PA Quadrangle; Latitude: 41° 55` 34", Longitude: -75° 31` 00"),
7) a timber mat crossing temporarily impacting 51 square feet (<0.01 acre) of a palustrine emergent wetlands (PEM) (Susquehanna, PA Quadrangle; Latitude: 41° 55` 39", Longitude: -75° 31` 01"),
8) a 24-inch diameter steel natural gas gathering pipeline and timber mat crossing temporarily impacting 11,504 square feet (0.26 acre) of a palustrine emergent wetlands (PEM) (Susquehanna, PA Quadrangle; Latitude: 41° 56` 02", Longitude: -75° 30` 39"),
9) a 24-inch diameter steel natural gas gathering pipeline and timber mat crossing temporarily impacting 8,335 square feet (0.19 acre) of a palustrine emergent wetlands (PEM) (Susquehanna, PA Quadrangle; Latitude: 41° 56` 08", Longitude: -75° 30` 40").
The project consists of constructing approximately 1.1 mile of 24" steel natural gas gathering line located in Harmony Township, Susquehanna County. The project will result in 128 lineal feet of temporary stream impacts and 44,017 square feet (1.01 acre) of temporary wetland impacts all for the purpose of providing safe reliable conveyance of Marcellus Shale natural gas to market.
ENVIRONMENTAL ASSESSMENTS 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.
D06-295EA. Michael G. Kapil, Project Coordinator, Pennsylvania Department of Public Welfare, 3 Ginkgo Drive, Hilltop Building 52, Harrisburg, PA 17110.
Project proposes to breach and remove Mill Dam at Wernersville State Hospital for the purpose of eliminating a threat to public safety and restoring the stream to a free-flowing condition. The proposed restoration project includes removing a check dam downstream from the main dam, removing accumulated sediments, grading the stream channel through the reservoir and dam, construction of in-stream structures for grade control and fish habitat, stream bank stabilization and the removal of a bridge. The project will restore/enhance 1,615 feet of stream channel. The project is located across Hospital Creek (TSF, MF) (Sinking Spring, PA Quadrangle, Latitude: 40.3294; Longitude: -76.1135). South Heidelberg Township, Berks County.
State Water Quality Certification Required by Section 401 of the Clean Water Act for the National Fuel Gas Supply Corporation and Empire Pipeline, Inc.; Northern Access 2016 Project Northwest Region: Waterways & Wetlands Program, 230 Chestnut Street, Meadville, PA 16335, Lori Boughton, Regional Manager Telephone: 814-332-6984.
WQ42-001, National Fuel Gas Supply Corporation (Applicant), 1100 State Street, Erie, PA 16501-1912. National Fuel Gas Supply Corporation and Empire Pipeline, Inc. Northern Access 2016 Project (Project), in Sergeant, Keating, Annin, Eldred and Ceres Townships, McKean County, US ACOE, Pittsburgh District. The proposed project starts at the interconnection/tie-in at the existing NFG Midstream Clermont, LLC, facility along SR 146 approximately 1 mile west of Clermont (Crosby, PA Quadrangle N: 41°42`04.84"; W: 78°29`59.98") in Sergeant Township, McKean County extending generally north crossing through portions of Sergeant, Keating, Annin, Eldred and Ceres Townships, McKean County, to where it will cross the New York border approximately 2 miles west of where SR 44 crosses the state line (Bullis Mills, PA Quadrangle N: 41°59`57.51"; W: 78°17`56.98") in Ceres Township, McKean County.
On March 16, 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. CP15-115). The FERC Environmental Assessment for the Project, which was issued on July 27, 2016, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-115).
On April 6, 2016, Applicant requested a State water quality certification from the 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, as proposed in Pennsylvania, includes approximately 28 mile long, 24-inch pipeline for the purpose of transporting natural gas from Sergeant Township, McKean County, PA to the New York border in Ceres Township, McKean County. Pipeline work also includes three mainline valve sites, cathodic protection, and numerous temporary and permanent access roads to support construction and permanent facility access. Numerous stream and wetland crossings will occur along the project route as described below. The project also will utilize one temporary pipe storage yard and one contractor yard along SR 155 south of Port Allegheny Borough in Liberty Township, McKean County. The pipeline route has been co-located to parallel/overlap existing utility ROWs for a total of 17.75 miles in PA.
The Project, as proposed, will require approximately 378 acres of earth disturbance, and crossing of 141 streams (including floodways of streams not crossed by the pipeline) and 1 pond, totaling 10,663 linear feet (5,136 linear feet of permanent and 5,527 linear feet of temporary) of impacts to the following surface waters: Bloomster Hollow (CWF) and tributaries; tributaries to Irons Hollow (CWF); Blacksmith Run (CWF) and tributaries; Cloverlot Hollow (CWF) and tributaries; Kent Hollow (CWF) and tributaries; Newell Creek (CWF) and tributaries; Oswayo Creek (CWF) and tributaries; Marvin Creek (CWF) and tributaries; Champlin Hollow (CWF) and tributaries; Open Brook (CWF); Allegheny River (CWF); Rock Run (CWF) and tributaries; Barden Brook (CWF) and tributaries; Potato Creek (TSF) and tributaries; tributaries to Cole Creek (CWF); McCrae Run (CWF) and tributaries; and Pierce Brook (CWF), 20.854 acres (9.837 acres of temporary and 11.017 acres of permanent) of impact to floodways, and 12.350 acres of (5.277 acres of temporary and 7.073 acres of permanent) wetland impacts.
The Department published notices of its proposed state water quality certification in the Pennsylvania Bulletin at 46 Pa.B. 2452 (May 14, 2016) and at 46 Pa.B. 6362 (October 8, 2016) and received two sets of comments from the public. The Department has reviewed the comments received and determined that the comments would be addressed through the reviews of the permit applications for the project to the extent that they are applicable.
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. 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 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.
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 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 State Water Quality Certification shall be addressed to the Department of Environmental Protection, Northwest Regional Office, Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, PA 16335.
7. 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.
8. 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.
9. 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.
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.
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESX11-047-0025 Renewal
Applicant Hunt Marcellus Operating Company LLC
Contact Kurt Lewis
Address 2144 Buena Vista Highway
City Wilcox State PA Zip Code 15870
County Elk Township(s) Jones
Receiving Stream(s) and Classification(s) Little Wolf Run & Slide RunEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-015-16-0031
Applicant Name SWN Production Co LLC
Contact Person Justin Moore
Address 917 SR 92 N
City, State, Zip Tunkhannock, PA 18657
County Bradford
Township(s) Herrick
Receiving Stream(s) and Classification(s) UNTs to Cold Ck (WWF-MF)
Secondary—Cold CkESCGP-2 # ESX29-081-16-0015(01)
Applicant Name Seneca Resources Corp
Contact Person Douglas Kepler
Address 5800 Corporate Dr, Suite 300
City, State, Zip Pittsburgh, PA 15237
County Lycoming
Township(s) Eldred
Receiving Stream(s) and Classification(s) UNT to Mill Ck (WWF)
Secondary—Mill Ck (WWF)ESCGP-2 # ESG29-115-16-0033
Applicant Name Bluestone Pipeline Co of America
Contact Person Gregory Supey
Address 1429 Oliver Rd
City, State, Zip New Milford, PA 18834
County Susquehanna
Township(s) Harmony
Receiving Stream(s) and Classification(s) Little Roaring Brook (CWF-MF); Pig Pen Ck (CWF-MF); and a tribu-
tary to Cascade Ck (CWF-MF)
SPECIAL NOTICES
Notice of Certification to Perform Radon-Related Activities in Pennsylvania In the month of January 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. Sections 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
CertificationNicole Bovkowski 1011 S. 24th Street
Philadelphia, PA 19146Testing Mark Dilts 2844 Slifer Road
Riegelsville, PA 18077Mitigation Jacob Gable 2844 Slifer Valley Road
Riegelsville, PA 18077Mitigation Brian Harashinski 8 Fairfield Drive
Wilkes-Barre, PA 18702Testing Ernest Homer 4 Theresa Drive
Conestoga, PA 17516Testing Terry Howell
Radalink, Inc.5599 Peachtree Rd.
Atlanta, GA 30341Laboratory Mark Jaworski 75 Putorti Lane
Canonsburg, PA 15317Testing Scott Kelly 8491 E. Baukhurst Dr.
Pittsburgh, PA 15237Testing David Koloskee 2800 W. 21 St.
Erie, PA 16506Testing Jeffrey Nicholls P.O. Box 400
Henryville, PA 18332Testing Peach Inspections 518 Kimberton Rd., PMB 311
Phoenixville, PA 19460Testing Michael Peters 101 Easy St
Renfrew, PA 16053Mitigation Eli Port 6312 Oakton Street
Morton Grove, IL 60055Laboratory Roger Priest P.O. Box 200
Salfordville, PA 18959Testing William Squitieri 4 Versailles Circle
Doylestown, PA 18901Testing Stephen Sybert 1421 Clarkview Rd.
Baltimore, MD 21209Testing Gerard Tambasco P.O. Box 266
Beach Lake, PA 18405Testing David Teton P.O. Box 365
Orwigsburg, PA 17961Testing Thomas Toner 761 W. Sproul Rd., # 191
Springfield, PA 19064Testing Kyle Underwood 3650 Concorde Parkway
Chantilly, VA 20151Testing Keith Weigman P.O. Box 165
Orefield, PA 18069Testing Kathleen Williamson
TRC Environmental Corp.21 Griffin Road North
Windsor, CT 06095Laboratory Terry Wilver, Sr.
Pro-Tech Home & Business1015 Green St.
Milton, PA 17847Mitigation
Conditional State Water Quality Certification for the Monongahela Lock and Dam # 4 Hydroelectric Project, FERC Project No. 13767 On February 27, 2014, Solia 4 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 12-megawatt (MW) hydropower facility at the Montgomery Lock and Dam No. 4 (aka Charleroi Lock and Dam), owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monongahela River, at river mile 41.5, in Washington County, Pennsylvania (Project). The Applicant is required pursuant to section 401(a) of the Federal Clean Water Act (CWA or Act) (33 U.S.C.A. § 1341(a)) to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the Act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the Act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the Act.
On January 21, 2016, Applicant requested a state water quality certification from the Department, as required by Section 401 of CWA (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 CWA requirements.
On August 23, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new, 140-foot-long, intake channel to be excavated into the riverbed immediately downstream of the existing gated spillway. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new reinforced concrete powerhouse that is 150 feet long. The powerhouse would house two (2) horizontal pit Kaplan turbine generator units with a combined capacity of 12 MW. Flows would exit the powerhouse into a 210-foot-long, tailrace excavated into the riverbed. The tailrace would be bordered by a new concrete retaining wall or a combination of retaining wall and riprap as appropriate. Two (2) gates, with a combined width of 84-feet, would be installed in the intake area to pass the flow equivalent of one existing gate. Project power would be transmitted from the powerhouse to a new 40` × 40` project substation, and then from the new substation to an existing distribution line with a 45-foot-long, 69-kilovolt overhead transmission line.
The Department published notice of its proposed state water quality certification in the Pennsylvania Bulletin, on December 3, 2016 (46 Pa.B. 7543), and received zero (0) comments from the public.
By this notice, the Department certifies that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of CWA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), and will not violate the Commonwealth's water quality standards set forth in 25 Pa. Code Chapter 93, provided that the construction, operation and maintenance of the Project complies with the conditions for this certification as listed below, and the terms and conditions of the State law permits required to demonstrate compliance with Pennsylvania's Water Quality Standards:
1. Conditional State Water Quality Certification—This conditional State Water Quality Certification is based upon the information that is available, to date, due to the FERC licensing process, and is granted with the understanding that the applicant will be submitting a final Environmental Assessment (EA) to the Department, to be reviewed and approved by the Department, prior to the start of construction. Within its final EA, the Applicant shall also provide written documentation that it has complied with each of the conditions within this Conditional Water Quality Certification. This final EA shall be submitted to the Department at the same time that the Applicant submits its application to the U.S. Army Corps of Engineers (USACE or Corps) for a Section 404 Permit, to facilitate a coordinated review between the Department and USACE. The final EA that is submitted to the Department must be developed from final design plans, specifications and reports.
2. Erosion and Sediment Control—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 102. The Applicant shall obtain and comply with an NPDES permit from the Department for the discharge of stormwater if the earth disturbance activities associated with the Project will result in a total disturbance equal to or greater than 1 acre. Earth disturbance activities associated with discharging dredged or fill material from the Project to waters of the United States which require permit coverage under Section 404 of CWA (33 U.S.C.A. § 1344) need not obtain an additional NPDES Permit from the Department for earth disturbance activities covered by the Section 404 permit. The Applicant shall submit final detailed erosion and sediment control and post construction stormwater management plans for all Project activities to the Department and County Conservation District for their review and approval prior to commencement of construction. Specific guidance on the requirements of the NPDES Permit for Stormwater Discharges Associated with Construction Activities can be obtained from the County Conservation District or the DEP Regional Office.
3. Water Obstruction and Encroachment Permit—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 105 relating to dam safety and waterway management. The Applicant shall obtain, from the Department, and comply with a Chapter 105 Water Obstruction and Encroachment Permit (WO&EP), for the construction, operation and maintenance of any water obstruction or encroachment associated with the Project that is outside the scope of work licensed under the Federal Power Act, pursuant to the Clean Streams Law (35 P.S. §§ 691.1—691.1001), 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.
4. Submerged Lands License Agreement—The Applicant shall obtain, from the Department, and comply with a Submerged Lands License Agreement, pursuant to Section 15 of the Dam Safety and Encroachments Act, 32 P.S. § 693.15, to occupy submerged lands of the Commonwealth in navigable waters as necessary to construct, operate and maintain the Project.
5. Water Resource Planning Act Registration—In accordance with the Pennsylvania Water Resources Planning Act, 27 Pa.C.S. § 3118, and the regulations thereunder, 25 Pa. Code Chapter 110, the Applicant must register the hydropower facility with the Department, and report water usage to the Department, annually.
6. Limited Power Permit—The Applicant shall obtain and comply with a permit from the Department as required by the Water Power and Water Supply Permits Act, Act of June 14, 1923, 32 P.S. §§ 591—625, related to the construction of a power dam or for a ''change in stream'' to develop power. The Applicant shall submit an application for this permit to the Department on the form available from the Department.
7. Water Quality Monitoring—During final design, the Applicant shall develop a water quality monitoring plan, to be implemented during the construction and operation of this project, and shall submit this plan to the Department for review and approval, prior to the start of construction, to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project. This water quality monitoring plan shall include adequate provisions to ensure that monitoring will assess any potential cumulative effect upon water quality, from the operation of all the currently proposed hydroelectric projects, within the greater Pittsburgh region. Thereafter, Applicant shall submit the results of the water quality monitoring to the Department and the USACE, along with suggested modifications in the operation or maintenance of the Project for inclusion in the adaptive management plan, should adverse impacts to water quality result from the project. The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project.
8. Operating Plan and Adaptive Management Plan—The applicant will be developing an operating plan, Memorandum of Agreement, and an adaptive management plan with the USACE. Applicant will submit these plans to the Department for review and approval, prior to the start of construction, to evaluate potential effects of these plans upon, and compliance with, state water quality standards.
9. Final Project Design Development—During final design, applicant shall evaluate alternative designs for the proposed Project that may have the potential to reduce expected fish entrainment and mortality, such as, but not limited to, reducing and/or modifying the proposed 3-inch trash rack spacing, intake channel design, or other alternative designs, pursuant to Section 105.14(b)(4) and (6) of the Department's regulations, 25 Pa. Code § 105.13(e)(1)(viii) and 105.14(b)(4) and (6). This alternatives analysis shall be included in the Applicant's final EA, to be submitted to the Department for review and approval, prior to the start of construction. The final design shall also take into account the cumulative impact evaluations associated with conditions (10), (11), (12).
10. Cumulative Impacts to Fish Populations—Since the project is one of several, currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant, during final design, shall further evaluate the cumulative impacts from these hydroelectric projects, upon area fish populations, due to expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
11. Cumulative Impacts to Mussel Populations—Since the Project is one of several currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant shall further evaluate, during final design, the cumulative impacts from these hydroelectric projects, upon local mussel populations, due to potential unavailability of host fish from expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
12. Cumulative Impacts to Riverine Habitat and Food Chain—Since the project is one of several, currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, and since the development of locks and dams for navigation has compressed the flowing water habitat within these rivers to tailrace areas below these dams, the Applicant, during final design, shall further evaluate the cumulative impacts from these hydroelectric projects, upon riverine habitat and the food chain, within the three (3) river basins. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
13. Minimum By-pass Flows—Applicant has proposed a seasonal minimum by-pass flow, through the gate bays; however, during the final design, Applicant shall further evaluate the amount of by-pass flows necessary for the purposes of protection of public health, water quality control, conservation of fisheries, and aquatic habitat, improvement of recreation, and protection of instream and downstream water uses. Since the Applicant's model simulations indicate that dissolved oxygen levels, in particular during average and dry hydrology years, will be reduced by the operation of the proposed hydropower facility, the Applicant shall consider within its evaluation whether year-round by-pass flows, increased by-pass flow volumes, and/or aeration equipment are needed to maintain state water quality standards. Applicant shall provide this evaluation to the Department, within its final EA, for the Department's review and approval, prior to the start of construction. By-pass flows shall be provided across the length of the dam.
14. Aids to Navigation (ATON) Plan—Applicant shall develop an ATON Plan, to avoid or minimize impacts to recreational boating. This plan must be reviewed and approved by the PA Fish and Boat Commission (PFBC), prior to the start of construction. Please contact the PA Fish and Boat Commission, PO Box 67000, Harrisburg, PA 17106, regarding the requirements for an ATON Plan.
15. Hydraulic Modeling—Applicant has indicated that additional hydraulic modeling will be conducted during Final Design. The results of this additional hydraulic modeling shall be included in the applicant's final EA that is to be submitted to the Department, for the Department to review and approve, prior to the start of construction. In addition, the applicant shall use the results of the additional hydraulic modeling to further evaluate potential impacts to fish, freshwater mussels, and aquatic habitat, within the project area, and any other potential impacts that may be identified during the Department's review of the Applicant's final EA. Alternative designs may need to be considered, to avoid or minimize any adverse environmental impacts that may be identified from this additional modeling and/or additional evaluations for impacts. Mitigation may be required to compensate for any adverse environmental impacts that cannot be avoided. The development of these site-specific hydraulic studies should be coordinated with the Department and the PA Fish and Boat Commission, before conducting them.
16. Programatic Agreement—The PA Historical and Museum Commission (PHMC) has determined that FERC's issuance of an original license to Solia 4 Hydroelectric, LLC to construct, operate, and maintain the Monongahela Lock and Dam # 4 (Charleroi) Hydroelectric Project may affect properties included in or eligible for inclusion in the National Register of Historic Places. Accordingly, Applicant shall work with PHMC in the creation of a mitigation plan to protect this structure, which may include the Applicant complying with a Final Programmatic Agreement Between the Federal Energy Regulatory Commission and the Pennsylvania State Historic Preservation Office for Managing Historic Properties that may be Affected by Issuing an Original License to Solia 4 Hydroelectric, LLC for the Construction, Operation, and Maintenance of the Monongahela Lock and Dam 4 (Charleroi) Hydroelectric Project Located in Washington County, Pennsylvania (FERC No. 13767-002).
17. Riparian Property—Within its final EA, Applicant shall submit evidence that it has obtained notarized and signed releases, or has acquired rights of occupancy and use other than fee title, from the owners of any affected riparian property. This conditional water quality certification does not convey any real property rights or interests or authorization to trespass on privately-owned riparian land.
18. Corps Authorization—This conditional water quality certification does not relieve the Applicant of the responsibility to obtain any applicable approval/permit from the District Engineer, Pittsburgh District, U.S. Army Corps of Engineers, Room 1817, Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 15222, under Section 10 of the Rivers and Harbor Act or Section 404 of the Clean Water Act of 1977.
19. Fish & Mussel Surveys and Mitigation—The Project footprint will reduce riverine habitat below the dam by approximately 1.6 acre. In addition, Applicant acknowledges that the project could potentially alter some mussel habitat conditions through changes in velocity and scour patterns downstream of the dam. Accordingly, fish and mussel surveys shall be conducted three (3) years after project construction, to evaluate the project's impact to fish and mussel species in the project area. The plans for these surveys shall be included within the Applicant's final EA, for the Department's review and approval. In addition, the results of these surveys shall be submitted to the Department for review, within 60 days of completion of these surveys. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the applicant may have to provide compensation for the adverse environmental impact.
20. Cumulative Environmental Impact Assessment—The Project is one of several, currently proposed hydroelectric projects in the Ohio, Monongahela, and Allegheny Rivers, within the greater Pittsburgh area river basins. Fish species, such as walleye, smallmouth bass, darters, etc., inhabit the area that can exhibit some migratory behavior, and could pass through multiple hydroelectric projects. In addition, the Applicant's Fish Entrainment Study reports mortality to fish species, such as catfish, drum, darters and bass, that are more likely to be host fish that are important to mussel propagation. Accordingly, Applicant shall develop a plan to conduct fish and mussel surveys, after the construction of all, or at least 50%, of the currently proposed hydroelectric projects, to evaluate the potential for cumulative impacts to area fish and mussel populations. This plan shall be included with the Applicant's final EA, for the Department's review and approval. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the Applicant may have to provide compensation for the adverse environmental impact.
21. Clean Water Program Coordination—Applicant shall evaluate the cumulative impacts of lowering Dissolved Oxygen (DO) concentration below existing levels on overall water quality. This analysis shall include an evaluation of the effects of lower DO levels on other dischargers, whose dissolved oxygen analysis could be impacted by any reduction in DO due to the proposed project. The Applicant shall include, within its final EA to be submitted to the Department, a full analysis depicting the pre- and post-construction dissolved oxygen using a Q7-10 flow, and achieving a 7-day average of 5.5 mg/l and a minimum of 5.0 mg/l at the project site, and all points potentially impacted downstream of the project, in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder, and 25 Pa. Code § 93.7.
22. Water Quality Requirements—The project must maintain the applicable water quality standard of a 7-day average DO concentration of 5.5 mg/l and a minimum DO concentration of 5.0 mg/l, at Q7-10 low flow conditions, unless the analysis required by the preceding condition indicates that a higher DO level is needed to maintain the DO water quality standard within the pool behind Locks & Dam 3, given consideration of all existing, permitted dischargers currently within the pool in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder.
23. Stream and Habitat Mitigation—Since the Project will eliminate approximately 1.6 acre of riverine habitat, Applicant shall include, within its final EA to be submitted to the Department, a plan to mitigate for this lost habitat, for the Department's review and approval, prior to the start of construction.
24. Fishing Access—During final design, Applicant shall develop a plan to compensate for lost recreational fishing by providing angler access that is comparable to, or better than, current conditions. Applicant shall consider providing angler access that is close to normal water surface elevations and the water's edge, and adequately compensate for the footage of fishing access lost.
25. Fish Mitigation—Since the project will impact fish, Applicant shall include, within its final EA to be submitted to the Department, a mitigation plan to compensate for this environmental impact, for the Department's review and approval, prior to the start of construction.
26. Fish and Mussel Salvage—Applicant shall further develop its fish and mussel salvage plan to safely remove fishes and mussels from the project area that would otherwise be trapped behind the proposed coffer dams during the dewatering process. These fish and mussels should be relocated to areas outside of the project area. The Applicant shall include this salvage plan within its final EA, to be reviewed and approved by the Department, prior to the start of construction.
27. River Sediment Testing—Applicant shall manage dredge material removed from the river in accordance with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. §§ 6018.101—6018.1003 (''Solid Waste Management Act'') and regulations promulgated thereunder. Permittee should contact the Facilities Chief, Waste Management Program, Southwest Regional Office, with questions regarding this requirement. The project shall be consistent with the Department's Management of Fill policy and the analytic requirements therein. If the testing reveals that the dredged material exceeds the requirements for unrestricted use as clean fill, then the Applicant shall arrange for off-site disposal of the dredged sediments, after applying for and obtaining approval from the Department's Waste Management Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
28. Threatened, Endangered and Special Concern Species—The results obtained from utilizing the Pennsylvania Natural Diversity Inventory's Pennsylvania Natural Diversity Inventory (PNDI), and any determinations received from an appropriate jurisdictional agency during any associated consultations, are valid only for 2 years. Accordingly, Applicant must include new PNDI search results within its final EA, along with evidence of any necessary follow-up with the appropriate jurisdictional agency(s). In addition, PNDI search results and clearances must be current and valid, prior to the start of construction.
29. PNDI Avoidance Measure—Applicant shall only conduct tree cutting, tree inundation (flooding), and prescribed burning between November 15 and March 31. Also, when conducting timber harvesting (rather than land clearing for development), implement the U.S. Fish and Wildlife Service's Forest Management Guidelines for Indiana Bat Swarming Habitat found at http://www.fws.gov/northeast/pafo/forestry.html.
30. Geotechnical Testing—If a temporary road, drilling platform or other structure is needed to conduct any core boring drilling operations or geotechnical testing, within the Commonwealth's waterways, Applicant shall obtain a permit(s) or other authorization(s) from the Department, prior to conducting any core boring drilling operations or geotechnical testing.
31. Preparedness, Prevention and Contingency Plan—The Applicant shall develop and maintain on site a Preparedness, Prevention and Contingency Plan (PPC Plan) for any project activities utilizing pollutants, pursuant to Section 91.34 of the regulations, 25 Pa. Code § 91.34. The PPC Plan shall be developed in accordance with the ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans'' which can be found at: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-48522/400-2200-001.pdf
32. Operation—The Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control and related appurtenances which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by the Applicant.
33. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required state water quality permits and state water quality standards. A copy of this certification shall be made available for inspection by the Department during such inspections of the Project.
34. Transfer of Projects—If the Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, the Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department's Southwest Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them. The existing owner shall continue to be responsible for construction and operations at the Project until a transfer to the new owner has been completed. The new owner shall comply with the conditions of this certification, which shall remain in effect, unless modified, in writing, by the Department.
35. 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, 400 Waterfront Drive, Pittsburgh, PA 15222, and shall reference DEP File No. WQ05-006, APS ID # 889337, or Authorization No. 1105170.
36. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that the Applicant has not complied with the terms and conditions of this certification. The Department reserves the right to require additional measures to achieve compliance with applicable laws and/or regulations, subject to the Applicant's applicable procedural and substantive rights.
37. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve the Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
38. FERC Original License—The Applicant shall supply to the Department a copy of the Original License issued by FERC for this project, not later than ten days after the issuance of such license. The Department may revoke, suspend or modify this Conditional Water Quality Certification as it deems appropriate, depending upon the terms of said license.
39. Compliance with Terms and Conditions—This Conditional State Water Quality Certification does not relieve the Applicant of the responsibility for any discharge to waters of the Commonwealth, or allow for any inappropriate discharge to occur. Failure to comply with the terms and conditions of this Conditional State Water Quality Certification will result in the automatic nullification and voidance of this certification, and may subject the Applicant and responsible parties to pay fines of up to $10,000, per violation, for each day the violation occurs, constituting a separate violation.
40. 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 appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. § 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, 717-787-34-83. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the Board within 30 days. You do not need a lawyer to file an appeal with the Board.
Important legal rights are at stake, however, so you should show this document to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the Secretary to the Board (717-787-3483) for more information.
Authorization to Extract Noncoal
(Industrial Minerals)Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
10161005. A. Liberoni, Inc. (459 Davidson Road, Pittsburgh, PA 15239) Authorization to extract noncoal (industrial minerals) in Clinton Township, Butler County to supply fill material for PennDOT Cox's Corner Project. Receiving streams: Unnamed tributary to Lardintown Run and unnamed tributary to Davis Run. Application received: December 2, 2016. Permit Issued: January 25, 2017.
[Pa.B. Doc. No. 17-239. Filed for public inspection February 10, 2017, 9:00 a.m.]
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