[47 Pa.B. 1007]
[Saturday, February 18, 2017]
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 3
The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P.S. §§ 6026.101—6026.907).
Section 250.8 of 25 Pa. Code and administration of the Land Recycling and Environmental Remediation Standards Act (act) require the Department to publish in the Pennsylvania Bulletin a notice of its final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by the act for compliance with selection of remediation to a site-specific standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation; concentration of regulated substances in environmental media; benefits of reuse of the property; and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, contact the environmental cleanup program manager in the Department regional office under which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
The Department has received the following plans and reports:
Northeast Region: Eric Supey, Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
General Dynamics Land Systems, 175 East Street, Archbald Township, Lackawanna County. Trimpi Associates Inc., 1635 Old Plains Road, Pennsburg, PA 18073, on behalf of General Dynamics Land Systems, 175 East Street, Eynon, PA 18403, submitted a Final Report concerning the remediation of site groundwater contaminated with Benzene, Toluene, Ethylbenzene, Isopropyl- benzene, Naphthalene, Total Xylenes, Chlorobenzene, 1,2-Dibromoethane, 1,2-Dichloroethane, 1,1-Dichloroethene, 1,1-Dichloroethane, cis 1,2-Dichloroethene, trans 1,2-Dichloroethene, Methylene Chloride, 1,1,1-Trichlorethane, 1,1,2-Trichlorethane, Trichloroethane, and Lead. The Final Report demonstrated attainment of the Statewide Health Standard, and was approved by the Department on January 30, 2017.
Southcentral Region: Environmental Cleanup and Brown-fields Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone 717.705.4705.
Growmark FS, LLC, 3150 Stoney Point Road, East Berlin, PA 17316, Latimore Township, Adams County. Groundwater Sciences Corporation, 2601 Market Place Street, Suite 310, Harrisburg, PA 17110-9340, on behalf of Growmark FS LLC, 308 NE Front Street, Milford, DE 19963, submitted a Remedial Investigation Report concerning site soils and groundwater contaminated with herbicides and fertilizers. The Report was approved by the Department on January 30, 2017.
Sun Pipeline/Walters Farm, 539 Swamp Road, Reinholds, PA 17569, West Cocalico Township, Lancaster County. Aquaterra Technologies, Inc., 122 South Church Street, West Chester, PA 19382, on behalf of Pipeline Operations, A Series of Evergreen Resources Group, LLC, 2 Righter Parkway, Suite 200, Wilmington, DE 19803, and John and Cliff Walter, 530 Swamp Church Road, Reinholds, PA 17569, submitted a Final Report concerning remediation of site groundwater contaminated with unleaded gasoline from a pipeline release. The Final Report demonstrated attainment of the Residential Statewide Health Standard, and was approved by the Department on February 1, 2017.
Former McCrory Stores, 2925 East Market Street, York, PA, Springettsbury Township, York County. ARCADIS, 35 Columbia Road, Branchburg, NJ 08876, on behalf of Safe Harbor Reserve, Inc., 789 Kings Mill Road, York, PA 17403 and 2925 East Market LP, 40 Morris Avenue, Suite 230, Bryn Mawr, PA 19010, submitted a Remedial Investigation Report concerning site soils and groundwater contaminated with VOCs, SVOCs, and inorganics. The Report was disapproved by the Department on January 30, 2017.
FCI USA, Inc., 320 Busser Road, Emigsville, PA 17318-0248, Manchester Township, York County. HRP Associates, Inc., 197 Scott Swamp Road, Farmington, CT 06032, on behalf of AFCI Americas, 825 Old Trail Road, Etters, PA 17319, submitted a Remedial Investigation Report concerning remediation of site soil and groundwater contaminated with Chlorinated Solvents. The Report was disapproved by the Department on February 3, 2017.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Range Resources Laurel A Unit 25H, Jackson Township, Lycoming County. Mountain Research LLC, 825 25th Street, Altoona, PA 16601, on behalf of Range Resources, 80 Health Drive, Lock Haven, PA 17745, has submitted a Final Report concerning remediation of site soil contaminated with inorganics. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on January 31, 2017.
Clark's Feed Mills, Inc. Project, West Chillisquaque Township, Northumberland County. Northridge Group, Inc., PO Box 231, Northumberland, PA 17857, on behalf of Clark's Feed Mills, Inc., SR 61 North, 19 Mountain Road, Shamokin, PA 17872, has submitted a Final Report concerning remediation of site soils contaminated with diesel fuel. The Final Report demonstrated attainment of the Statewide Health Stand and was approved by the Department on January 26, 2017.
124 Legion Road, Scott Township, Columbia County. Crawford Environmental Services, 20 Cardinal Drive, Birdsboro, PA 19508, on behalf of Boyer Oil Service, Inc., 1311 Old Berwick Road, Bloomsburg, PA 17815, has submitted a Final Report concerning remediation of site soils contaminated with fuel oil. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on February 7, 2017.
Northwest Region: Environmental Cleanup & Brown-fields Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Heath Oil Incident (Mullet & Mattis Properties), 24504—24540 State Route 27, East Mead Township, Crawford County. Environmental Remediation & Recovery, Inc., 4250 Route 6N, Edinboro, PA 16412, on behalf of Heath Oil, Inc., P.O. Box 1128, Oil City, PA 16301, submitted a Final Report concerning the remediation of site soil and groundwater contaminated with benzene, ethylbenzene, isopropylbenzene, methyl-tert-butyl-ether, naphthalene, toluene, 1,2,4 trimethylbenzene, 1,3,5 trimethylbenzene, and total xylenes. The Final Report demonstrated attainment of the Statewide Health Standard, and was approved by the Department on February 7, 2017.
HAZARDOUS WASTE TRANSPORTER LICENSE
Actions on applications for Hazardous Waste Transporter License received under the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003) and regulations to transport hazardous waste.
Central Office: Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, PO Box 69170, Harrisburg, PA 17106-9170.
Hazardous Waste Transporter License Reissued
Ecoflo, Inc., 2750 Patterson St, Greensboro, NC 27407. License No. PA-AH 0225. Effective Feb 03, 2017.
EQ Northeast, Inc., 185 Industrial Rd, Wrentham, MA 02093-0617. License No. PA-AH 0224. Effective Feb 06, 2017.
TIER Environmental Services, Inc., 5745 Lincoln Hwy, Gap, PA 17527. License No. PA-AH 0680. Effective Feb 06, 2017.
Renewal Applications Received
Ecoflo, Inc., 2750 Patterson St, Greensboro, NC 27407. License No. PA-AH 0225. Effective Feb 02, 2017.
EQ Northeast, Inc., 185 Industrial Rd, Wrentham, MA 02093-0617. License No. PA-AH 0224. Effective Feb 02, 2017.
Tier Environmental Services, Inc., 5745 Lincoln Hwy, Gap, PA 17527. License No. PA-AH 0680. Effective Feb 06, 2017.
REGULATED MEDICAL AND CHEMOTHERAPEUTIC WASTE TRANSPORTER LICENSES
Actions on applications for Regulated Medical and Chemotherapeutic Waste Transporter License received under the Solid Waste Management Act and the act of June 28, 1988 (P.L. 525, No. 93) and regulations to transport regulated medical and chemotherapeutic waste.
Central Office: Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, PO Box 69170, Harrisburg, PA 17106-9170.
Regulated Medical and Chemotherapeutic Waste Transporter Reissued
Alpha Bio/Med Services, LLC, PO Box 118, Paradise, PA 17562. License No. PA-HC 0234. Effective Feb 01, 2017.
S-J Transportation Co., Inc., 1176 US Route 40, Woodstown, NJ 08098. License No. PA-HC 0031. Effective Feb 01, 2017.
Stericycle, Inc., 1525 Chestnut Hill Rd., Morgantown, PA 19543. License No. PA-HC 0196. Effective Feb 03, 2017.
Renewal Applications Received
Alpha Bio/Med Services, LLC, PO Box 118, Paradise, PA 17562. License No. PA-HC 0234. Effective Feb 01, 2017.
Stericycle, Inc., 1525 Chestnut Hill Rd., Morgantown, PA 19543. License No. PA-HC 0196. Effective Feb 02, 2017.
DETERMINATION FOR APPLICABILITY FOR MUNICIPAL WASTE GENERAL PERMITS
Application(s) for Determination of Applicability for General Permit Approved Under the Solid Waste Management Act; the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§ 4000.101—4000.1904); and Municipal Waste Regulations for a General Permit to Operate Municipal Waste Processing Facilities and/or the Beneficial Use of Municipal Waste.
Northeast Region: Regional Solid Waste Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
General Permit Application No. WMGM055. Program ID No. WMGM055NE002. Bethlehem Renewable Energy, LLC, 1300 North 17th Street, Suite 1600, Arlington, VA 22209. A determination of applicability for coverage under the WMGM055 General Permit for the beneficial use of landfill gas generated by IESI PA Bethlehem Landfill located in Lower Saucon Township, Northampton County. The application for determination of applicability was approved on February 1, 2017.
Persons wishing to review the permit should contact Roger Bellas, Environmental Program Manager, Waste Management Program, Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA 18711-0790 at 570-826-2511. TDD users may contact the Department through the Pennsylvania AT&T Relay Service, (800) 654-5984.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Permit(s) issued Under the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and Regulations to Operate Solid Waste Processing or Disposal Area or Site.
Northcentral Region: Regional Solid Waste Manager, 208 West Third Street, Williamsport, PA 17701.
Permit No. 301197. GenOn Northeast Management Company, 250 Power Plant Road, Shawville, PA 16873, Bradford Township, Clearfield County. Renewal of a captive residual waste landfill permit for the Shawville Ash Disposal Site. The permit was issued by Northcentral Regional Office on January 31, 2017.
Persons interested in reviewing the permit may contact Lisa D. Houser, P.E., Facilities Manager, Williamsport Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-3740. TDD users may contact the Department through the Pennsylvania AT&T Relay Service, (800) 654-5984.
AIR QUALITY
General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P.S. §§ 4001—4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401.
Contact: James Beach, New Source Review Chief—Telephone: 484-250-5920.
GP3-46-0146: Tamco Construction Co. (539 E. Dark Hollow Road, Pipersville, PA 18947) On February 2, 2017 for relocation of a portable nonmetallic mineral processing plant in Whitpain Township, Montgomery County.
GP9-46-0098: Tamco Construction Co. (539 E. Dark Hollow Road, Pipersville, PA 18947) On February 2, 2017 for relocation of a diesel-fired internal combustion engine in Whitpain Township, Montgomery County.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2531.
GP3-40-018A: Cedar Rock Materials Corp. (208 West 11th Street, Berwick, PA 18603) on January 30, 2017 for the construction and operation of a Portable Crushing Operation with watersprays at the Cedar Rock Quarry Site located in Salem Twp., Luzerne County.
Plan Approvals Issued under the Air Pollution Control Act and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
ER-07-05008A: Team Ten, LLC (1600 Pennsylvania Avenue, Tyrone, PA 16686) on January 31, 2017, for an Air Quality Emission Reduction Credit (ERC) approval of the following emission reductions from the permanent shutdown of the following sources: Babcock & Wilcox No. 7 Coal-Fired Boiler, Source 033A: NOx: 379.7 tpy; VOC: 2.48 tpy; SOx: 2,638.21 tpy, at the paper mill in Tyrone Borough, Blair County.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648.
19-00007B: Transcontinental Gas Pipe Line Company, LLC. (PO Box 1396, Houston, TX 77251-1396) for the construction of a 16,000 ISO horsepower natural-gas-fired combustion turbine at Compressor Station 517 located in Jackson Township, Columbia County.
19-00007C: Transcontinental Gas Pipe Line Company, LLC. (PO Box 1396, Houston, TX 77251-1396) for the application of 69.0 tons of NOx emission reduction credits to offset contemporaneous net emissions increases at Compressor Station 517 located in Jackson Township, Columbia County.
14-00002R: Graymont (PA), Inc. (965 East College Avenue, Pleasant Gap, PA 16823-6823) on January 30, 2017, the Department of Environmental Protection issued plan approval for the construction of the Lime Processing Project at the Pleasant Gap plant in Spring Township, Centre County.
Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.13, 127.13a and 127.32.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401.
Contact: James A. Beach, New Source Review Chief—Telephone: 484-250-5920.
09-0024J: Waste Management of PA (1000 New Ford Mill Road, Morrisville, PA 19067-6702) On February 2, 2017 for installation of interim and permanent landfill gas collection and treatment systems for the sale and for the on-site use of landfill gas in engine in Tullytown Borough, Bucks County.
23-0119: Sunoco Partners Marketing & Terminal (100 Green Street, Marcus Hook, PA 19061-4800) On January 31, 2017 to install two cryogenic storage tanks for liquid ethane and propane from the Marcellas Shale formation, including piping components and flares and load racks in Marcus Hook Borough, Delaware County.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648.
41-00084A: Panda Patriot, LLC (50 Patriot Lane, Montgomery, PA 17752) on February 3, 2017, to extend the authorization for the construction of the natural gas-fired power plant at their Panda Patriot Generation Plant facility located in Clinton Township, Lycoming County to August 4, 2017. The plan approval has been extended.
41-00084B: Panda Patriot, LLC (50 Patriot Lane, Montgomery, PA 17752) on February 3, 2017, to extend the authorization for the construction of the natural gas-fired power plant at their Panda Patriot Generation Plant facility located in Clinton Township, Lycoming County to August 4, 2017. The plan approval has been extended.
Title V Operating Permits Issued under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401.
Contact: Janine Tulloch-Reid, Facilities Permitting Chief—Telephone: 484-250-5920.
09-00030: Brightsmith LLC. (120 Enterprise Ave, Morrisville, PA 19067-3703) On February 2, 2017 for the renewal of their Title V Operating Permit for their metal coil coating operation located in Falls Township, Bucks County.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2507.
39-00011: Lafarge Corporation (5160 Main Street, Whitehall, PA 18052) on January 30, 2017 for renewal of a Title V Operating Permit for their facility in Whitehall Township, Lehigh County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
36-05002: Armstrong Flooring, Inc. (1067 Dillerville Road, Lancaster, PA 17603-2613) on January 27, 2017, for the vinyl flooring manufacturing facility located in Lancaster City, Lancaster County. The Title V permit was renewed.
Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648.
08-00025A: Richards Funeral Home, Inc. (502 North Keystone Ave., South Waverly, PA 18840-2943) on February 1, 2017, to extend the authorization for the construction of a crematory unit the Northern Bradford Crematory facility located in South Waverly Borough, Bradford County to August 1, 2017. The plan approval has been extended.
60-00002: NGC Industries, LLC (PO Box 210, West Milton, PA 17886-0210) on January 25, 2017, was issued a revised state only (synthetic minor) operating permit for their facility located in White Deer Township, Union County to incorporate the terms and conditions of Plan Approval 60-00002A. The revised state only operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
41-00005: Lycoming Engines (652 Oliver Street, Williamsport, PA 17701) on January 23, 2017, was issued a revised Title V operating permit for their facility located in the City of Williamsport, Lycoming County to incorporate applicable presumptive RACT II requirements. The facility's main sources include engine testing, surface coating, and degreasing/cleaning operations. The facility also operates one Perchloroethylene Degreaser and numerous storage tanks and small natural gas-fired combustion units. The Title V operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
De Minimis Emissions Increases Authorized under 25 Pa. Code § 127.449.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
36-05152: Kellogg's USA, Inc. (2050 State Road, Lancaster, PA 17604). Pursuant to 25 Pa. Code § 127.449(i), this PA Bulletin Notice is for a de minimis emissions increase of 0.012 TPY PM10 resulting from the modification of the waste feed system to handle dry fines that are dropped into the waste feed trailer. In order to decrease the fine dust in the waste feed area, retractable chutes are being installed from hoppers above the waste feed trailer to minimize the amount of particulate that becomes airborne. The particulate that does become airborne will be collected and processed via a new dust collector at its breakfast foods facility located in East Hempfield Township, Lancaster County. This is the first de minimis emissions increase at the facility during the term of the current operating permit.
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.
30831303 and NPDES No. PA0013511. Cumberland Coal Resources, LP, (158 Portal Road, P.O. Box 1020, Waynesburg, PA 15370). To revise the permit for the Cumberland Mine in Whiteley and Center Townships, Greene County and related NPDES Permit for raw coal stockpile expansion. Surface Acres Proposed 7.47. No additional discharges. The application was considered administratively complete on May 16, 2016. Application received November 25, 2015. Permit issued January 31, 2017.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 56130107 and NPDES No. PA0269484. Rosebud Mining Company, 301 Market Street, Kittanning, PA 16201, commencement, operation and restoration of a bituminous surface mine in Jenner Township, Somerset County, affecting 311.2 acres. Receiving streams: unnamed tributaries to/and Two Mile Run classified for the following use: cold water fishes. The first downstream potable water supply intake from the point of discharge is Greater Johnstown Water Authority. Application received: September 2, 2015. Permit issued: January 25, 2017.
The permit includes wetland encroachments in which 0.17 acre of wetlands will be removed and replaced with .25 acre of reconstructed wetlands.
Permit No. 56150102 and NPDES Permit No. PA0269492, PBS Coals, Inc., P.O. Box 260, Friedens, PA 15541, commencement, operation and restoration of a bituminous surface and highwall mine in Stonycreek Township, Somerset County, affecting 234.0 acres. Receiving streams: Schrock Run and Unnamed Tributary # 2 to Glades Creek classified for the following uses: cold water fishes and warm water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: September 16, 2015. Permit issued: January 30, 2017.
Permit No. 56020101 and NPDES No. PA 0249122. Rosebud Mining Co., 301 Market Street, Kittanning, PA 16201, permit renewal for reclamation only of a bituminous surface and auger mine in Jenner Township, Somerset County, affecting 57.3 acres. Receiving streams: unnamed tributaries to/and Roaring Run classified for the following use: cold water fishes. The first downstream potable water supply intake from the point of discharge within 10 miles downstream is the Quemahoning Reservoir. Application received: April 28, 2014. Permit issued: January 30, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
17050104 and NPDES PA0256200. RES Coal LLC (224 Grange Hall Road, P.O. Box 228, Armagh, PA 15920). Revision to permit boundary adding 8.8 acres and deleting 8.8 acres of unaffected area to a bituminous surface and auger mine in Chest Township, Clearfield County affecting 295.9 acres. Receiving streams: North Camp Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: December 20, 2016. Permit issued: February 1, 2017.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
03080105 and NPDES Permit No. PA0251534. Britt Energies, Inc. (P.O. Box 515, Indiana, PA 15701). Permit renewal issued for reclamation only to an existing bituminous surface mine, located in Plumcreek Township, Armstrong County, affecting 63.9 acres. Receiving streams: unnamed tributaries to Cherry Run and Cherry Run. Application received: July 14, 2016. Renewal permit issued: January 31, 2017.
65060101 and NPDES Permit No. PA0250856. Coal Loaders, Inc. (210 E. Main Street, Ligonier, PA 15658). Permit renewal issued for reclamation only to an existing bituminous surface mine, this also includes a land use change from pastureland/land occasionally cut for hay to commercial/industrial, located in South Huntingdon Township, Westmoreland County, affecting 23.2 acres. Receiving stream: unnamed tributary A to the Youghio-gheny River. Application received: November 17, 2016. Renewal permit issued: February 2, 2017.
65990101 and NPDES Permit No. PA0202428. Coal Loaders, Inc. (210 E. Main Street, Ligonier, PA 15658). Permit issued for land use change from pastureland/land occasionally cut for hay to commercial/industrial, located in South Huntingdon Township, Westmoreland County, affecting 19 acres. Receiving stream: unnamed tributary Youghiogheny River. Application received: November 17, 2016. Permit issued: February 2, 2017.
Noncoal Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 7775SM3C4 and NPDES Permit No. PA0594679. Lehigh Cement Co., LLC, (7660 Imperial Way, Allentown, PA 18195), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Richmond and Maxatawny Townships, Berks County affecting 202.08 acres, receiving stream: unnamed tributary to Moselem Creek. Application received: December 16, 2011. Renewal issued: January 31, 2017.
Permit No. 7776SM1A3C7 and NPDES Permit No. PA0611883. Martin Stone Quarries, Inc., (1355 North Reading Avenue, Bechtelsville, PA 19505), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Colebrookdale Township, Berks County affecting 349.35 acres, receiving stream: unnamed tributary to Swamp Creek. Application received: July 31, 2012. Renewal issued: January 31, 2017.
Permit No. 64080301C and NPDES Permit No. PA0224693. 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 Palmyra Township, Wayne County affecting 79.2 acres, receiving stream: unnamed tributary to Lake Wallenpaupack. Application received: August 28, 2013. Renewal issued: January 31, 2017.
Permit No. 66880301C4 and NPDES Permit No. PA0594229. 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 Falls Township, Wyoming County affecting 94.6 acres, receiving stream: Buttermilk Creek. Application received: December 11, 2013. Renewal issued: January 31, 2017.
Permit No. 64000301C3 and NPDES Permit No. 0224073. 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 Lebanon Township, Wayne County affecting 225.0 acres, receiving steam: unnamed tributary to Big Brook. Application received: December 12, 2013. Renewal issued: January 31, 2017.
Permit No. 06980301C4 and NPDES Permit No. PA0223883. Highway Materials, Inc., (409 Stenton Avenue, Flourtown, PA 19031), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Alsace Township, Berks County affecting 52.5 acres, receiving stream: unnamed tributary to Bernhart Creek. Application received: June 4, 2014. Renewal issued: January 31, 2017.
Permit No. 06080301C3 and NPDES Permit No. PA0224715. Dyer Quarry, Inc., (P.O. Box 188, Birds- boro, PA 19508), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Robeson Township, Berks County affecting 101.6 acres, receiving stream: Indian Corn Creek. Application received: July 18, 2014. Renewal issued: January 31, 2017.
Permit No. 6575SM1C9 and NPDES Permit No. PA0594415. Hanson Aggregates PA, LLC, (7660 Imperial Way, Allentown, PA 18195), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Hamilton Township, Monroe County affecting 180.0 acres, receiving streams: unnamed tributaries to Lake Creek and Cherry Creek. Application received: January 6, 2015. Renewal issued: January 31, 2017.
Permit No. 6276SM1A1C6 and NPDES Permit No. PA0594571. New Enterprise Stone & Lime Co., Inc. d/b/a Martin Limestone, Inc., (P.O. Box 550, Blue Ball, PA 17506), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Salisbury Township, Lancaster County affecting 93.0 acres, receiving stream: unnamed tributary to Pequea Creek. Application received: July 20, 2011. Renewal issued: February 3, 2017.
Permit No. 6276SM1A1C8 and NPDES Permit No. PA0594571. New Enterprise Stone & Lime Co., Inc. d/b/a Martin Limestone, Inc., (P.O. Box 550, Blue Ball, PA 17506), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Salisbury Township, Lancaster County affecting 93.0 acres, receiving stream: unnamed tributary to Pequea Creek. Application received: August 2, 2016. Renewal issued: February 3, 2017.
Permit No. 8275SM5C9 and NPDES Permit No. PA0595381. New Enterprise Stone & Lime Co., Inc. d/b/a Martin Limestone, Inc., (P.O. Box 550, Blue Ball, PA 17506), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in East Cocalico Township, Lancaster County affecting 149.5 acres, receiving stream: Stony Run. Application received: April 30, 2012. Renewal issued: February 3, 2017.
Permit No. 8274SM2C10 and NPDES Permit No. PA0612871. 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 West Cocalico Township, Lancaster County affecting 309.0 acres, receiving stream: unnamed tributary to Indian Run. Application received: May 31, 2012. Renewal issued: February 3, 2017.
Permit No. 8275SM2A3C7 and NPDES Permit No. PA0593885. 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 Earl and Ephrata Townships, Lancaster County affecting 238.0 acres, receiving streams: Conestoga Creek and unnamed tributary to Conestoga Creek. Application received: May 16, 2012. Renewal issued: February 6, 2017.
Permit No. 8274SM5C6 and NPDES Permit No. PA0123480. Allan Myers Materials PA, Inc. d/b/a Allan Myers Materials, (638 Lancaster Avenue, Malvern, PA 19355), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Fulton Township, Lancaster County affecting 321.82 acres, receiving stream: Octoraro Creek. Application received: December 15, 2014. Renewal issued: February 6, 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
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
65174001. Geokinetics (1500 Citywest Blvd, Suite 800, Houston, TX 77042). Blasting activity permit for the Interstellar 3D, to conduct seismic activity located in Allegheny, Lower Burrell, Upper Burrell, Washington, Salem, Murrysville, Penn, North Huntingdon, and Hempfield Townships, Westmoreland County; Plum, White Oak and Monroeville Boroughs, Penn Hills and North Versailles Townships, Allegheny County with an expiration date of January 31, 2018. Blasting permit issued: January 30, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 06174101. J Roy's, Inc., (P.O. Box 125, Bowmansville, PA 17507), construction blasting for Willow Glen Lots 97, 98 & 99 in Ontelaunee Township, Berks County with an expiration date of January 18, 2018. Permit issued: January 6, 2017.
Permit No. 67174101. J Roy's, Inc., (P.O. Box 125, Bowmansville, PA 17507), construction blasting for York Incinerator in Manchester Township, York County with an expiration date of January 18, 2018. Permit issued: January 6, 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
Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E48-437. Moravian College, 1200 Main Street, Bethlehem, PA 18018. City of Bethlehem, Northampton County, Army Corps of Engineers Philadelphia District.
To remove an existing fire-damaged building and construct and maintain an approximately 1.0 acre paved parking lot over the existing concrete floor slabs within the floodway of Monocacy Creek (HQ-CWF, MF). The activities are associated with Moravian College. The project is located on the west side of Mauch Chunk Road, immediately north of the intersection with West Laurel Street (Catasauqua Quadrangle Latitude: 40°63`03"; Longitude: -75°38`76").
E39-544. Borough of Emmaus Public Library, 11 East Main Street, Emmaus, PA 18049. Borough of Emmaus, Lehigh County, Army Corps of Engineers Philadelphia District.
To construct and maintain an at-grade paved parking area of which approximately 325 square feet is in the floodway of an Unnamed Tributary to Little Lehigh Creek (HQ-CWF, MF). The project is associated with the Emmaus Public Library Addition. The project is located at 11 East Main Street, Emmaus, PA 18049 (Allentown East, PA Quadrangle Latitude: 40.540914 N; Longitude: -75.487099 W).
E39-542. Lehigh-Northampton Airport Authority, 3311 Airport Road, Allentown, PA 18109. Hanover Township, Lehigh County, Army Corps of Engineers Philadelphia District.
To remove an existing undersized box culvert and to construct and maintain the following water obstructions and encroachments within the floodway of an unnamed tributary to Catasauqua Creek (CWF, MF), associated with offsite roadway improvements for the Allen Township Industrial Subdivision:
1. A road crossing of an unnamed tributary to Catasauqua Creek consisting of a 23` × 5.75` precast concrete box culvert depressed 6 inches with an R-7 rock apron for outlet protection;
2. Two storm water outfall pipes in the floodway of an unnamed tributary to Catasauqua Creek, each consisting of 18-inch diameter reinforced concrete pipes, concrete endwalls, and riprap aprons;
3. Two vegetated storm water outfall channels with a bottom width of 4 feet and 2 feet and side slopes of 4:1 in the floodway of an unnamed tributary to Catasauqua Creek;
4. An 8-inch diameter PVC sanitary sewer utility pipe crossing of an unnamed tributary to Catasauqua Creek.
The project is located along Willowbrook Road, approximately 600 feet north of its intersection with East Race Street (Catasauqua, PA Quadrangle Latitude: 40.6588 N; Longitude: -75.4477 W) in Hanover Township, Lehigh County.
E58-318. Tri-Boro Municipal Authority, 83 Erie Boulevard # B, Susquehanna, PA 18847-9998. Susque- hanna Depot Borough, Susquehanna County, Army Corps of Engineers Baltimore District.
To construct and maintain a 260-foot long, 6-foot high concrete floodwall in the floodway and floodway fringe of the Susquehanna River (WWF, MF). The activities are associated with the Tri-Boro Municipal Authority Wastewater Treatment Plant. The project is located at 216 Exchange Street (Susquehanna, PA Quadrangle Latitude: 41°56`52"; Longitude: -75°36`16").
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E19-314. Patricia & Stanley Bohenek, 1269B Scotch Valley Road, Bloomsburg, PA 17815. Bridge in Beaver Township, Columbia County, ACOE Baltimore District (Nuremberg, PA Quadrangle Lat: 40° 59` 17"; Long: -76° 14` 50").
Patricia & Stanley Bohenek have applied for a Small Projects—Joint Permit Application to construct, operate and maintain 20 feet of culvert pipe measuring 87 inches by 63 inches in Scotch Run in Beaver Township, Columbia County.
The project proposes to have the following impacts
| ID | Steam Name | Chapter 93 Classification | Temporary Impact area Length (LF) | Permanent Impact area Length (Sq Ft) | | Latitude/
Longitude |
|---|
| Culvert | Scotch Run | CWF, MF | 0 | 500 | 40° 59` 17" | 76° 14` 50" |
Proposed waterway impacts total 500 square feet.
The proposed construction will not permanently impact cultural or archaeological resources, national/state/local parks, forests recreational areas, landmarks wildlife refuge, or historical sites. Scotch Run is classified with a designated use of Cold Water Fishery (CWF).
EA14-009. Clearwater Conservancy, 2555 North Atherton Street, State College, PA 16803. Radzwich Property Streambank Restoration and Protection Project, in Ferguson Township, Centre County, ACOE Baltimore District (Pine Grove Mills, PA Quadrangle N: 40.727712°; W: 77.931014°).
To restore 640 feet of stream channel that has been severely impacted by cattle, stabilize 114 feet of vertical eroding banks, restore a pool-riffle sequence where appropriate, improve in-stream aquatic habitat, install two cattle crossing's, and remove a non-functioning agricultural impoundment. Once the stream work is completed, the applicant will place riparian fencing in conjunction with the planting of riparian vegetation including trees and shrubs. The area within the proposed limit of disturbance (LOD) boundary will be approximately 1.91 acre and will include 0.30 acre of permanent stream impacts, 0.24 acre of permanent and 0.63 acre of temporary floodplain impacts, 0.02 acre of permanent wetland impacts and 0.39 acre of temporary upland impacts. Earth disturbance will not occur within the remaining 0.33 acre of the LOD. This activity was authorized under Section 105.12(a)(16) ''Waiver of Permit.'' This waiver also includes 401 Water Quality Certification.
E14-573. Ferguson Township, 3147 Research Drive, State College, PA 16801-2752. Fairbrook Park Parking Lot Improvement, in Ferguson Township, Centre County, ACOE Baltimore District (Pine Grove Mills, PA Quadrangle N: 40.723777; W: 77.932475).
To place 275 cubic yards of clean fill in the mapped FEMA 100-year flood plain of an unnamed tributary of Beaver Branch to create an easier to maintain 181-foot-long by 135-foot-wide paved parking lot at the Fairbrook Park located immediately south of the intersection of Tadpole Road and Oak Glen Road. This permit was issued under Section 105.13(e) ''Small Projects.''
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Project Description for PA Bulletin Publication Notice
E43-365, PA Department of Transportation, District 1-0, 255 Elm Street, Oil City, PA 16301. S.R. 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.
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 # ESX12-125-0121 (Major Modification)
Applicant Name Rice Drilling B, LLC
Contact Person Joseph Mallow
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) North Bethlehem Township and Somerset
Township
Receiving Stream(s) and Classification(s) UNT (39744) to
Pigeon Creek (WWF) and UNT (39743) to Pigeon Creek
(WWF)
ESCGP-2 # ESX12-125-0116 (Major Modification)
Applicant Name MarkWest Liberty Midstream and
Resources, LLC
Contact Person Rick Lowry
Address 4600 J. Barry Court
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Jefferson, Hanover, Smith and Cross Creek
Townships
Receiving Stream(s) and Classification(s) UNT to Harmon
Creek (WWF), Harmon Creek (WWF), UNT to Ward
Run (WWF), UNT to North Fork Cross Creek (WWF),
North Fork Cross Creek (WWF), UNT to Burgetts Fork
(WWF), Burgetts Fork (WWF)
ESCGP-2 # ESX10-059-0075 (Major Modification)
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2400 Zenith Ridge Road, Suite 200
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Morgan Township
Receiving Stream(s) and Classification(s) UNTs to Browns
Run (WWF),Browns Run (WWF), UNT South Fork Ten
Mile Creek
Seconary: South Fork Ten Mile Creek
ESCGP-2 # ESX12-125-0101 (Major Modification)
Applicant Name Noble Energy Inc
Contact Person Nicholas Frosini Address 1000 Noble Energy Drive
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) West Finley Township
Receiving Stream(s) and Classification(s) UNTs to Enlow
Fork (TSF), Enlow Fork (TSF)
ESCGP-2 # ESG16-125-0033
Applicant Name MarkWest Liberty Midstream and
Resources, LLC
Contact Person Rick Lowry
Address 4600 J. Barry Court
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) East Finley Township
Receiving Stream(s) and Classification(s) UNTs to Sawhill
Run and UNTs to Buffalo Creek (HQ-WWF)
ESCGP-2 # ESX15-125-0066
Applicant Name Range Resources Appalachia, LLC
Contact Person Karl Matz
Address 3000 Town Center Boulevard
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) South Franklin Townships
Receiving Stream(s) and Classification(s) UNTs to Fork of
Bane Creek (TSF)
Seconary: Ten Mile Creek
Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESX16-129-0006
Applicant Name CNX Gas Company, LLC
Contact Person Erika Whetstone
Address 200 Evergreene Drive
City, State, Zip Waynesburg, PA 15330
County Westmoreland County
Township(s) Washington Township
Receiving Stream(s) and Classification(s) UNTs to Beaver
Run Reservoir (HQ-CWF), Beaver Run Reservoir
(HQ-CWF)
Seconary: Kiskiminetas River
ESCGP-2 # ESX16-007-0004
Applicant Name Penn Energy Resources, LLC
Contact Person Gregg Stewart
Address 1000 Commerce Drive, Park Place One, Suite
100
City, State, Zip Pittsburgh, PA 15275
County Beaver County
Township(s) New Sewickley Township
Receiving Stream(s) and Classification(s) UNT to Slippery
Rock Creek (WWF), UNT to Pine Run (WWF), Pine
Run (WWF)
Seconary: Brush Creek and Ohio River
ESCGP-2 # ESG15-059-0012
Applicant Name Rice Poseidon, LLC
Contact Person Kyle Shirey
Address 2200 Rice Drive
City, State, Zip Cannonsburg, PA 15317
County Greene County
Township(s) Center Township
Receiving Stream(s) and Classification(s) UNTs to
Claylick Run (HQ-WWF)
Seconary: Claylick Run
ESCGP-2 # ESX16-129-0014
Applicant Name Dominion Transmission Inc
Contact Person Matthew Goralczyk
Address 925 White Oaks Blvd
City, State, Zip Bridgeport, WV 26330 County Westmoreland
Township(s) Hempfield
Receiving Stream(s) and Classification(s) UNT to Little
Sewickly Ck (TSF)
Seconary—Little Sewickly Ck
ESCGP-2 # ESX15-059-0034
Applicant Name PA Land Resources LLC DBA P L
Resources LLC
Contact Person Scott Sweder
Address P O Box 247
City, State, Zip Waynesburg, PA 15370
County Greene
Township(s) Whiteley
Receiving Stream(s) and Classification(s) UNTs to Dyers
Fork (TSF); UNTs to Patterson Run (TSF)
Seconary—Dyers Fork (TSF); Patterson Run (TSF)
ESCGP-2 # ESX16-125-0028
Applicant Name EQT Production Co
Contact Person Todd Klaner
Address 2400 Zenith Ridge Rd, Suite 200
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) W Bethlehem
Receiving Stream(s) and Classification(s) UNTs to Little
Tenmile Ck (TSF)
Seconary—Little Tenmile Ck (TSF)
ESCGP-2 # ESX16-125-0042
Applicant Name MarkWest Liberty Midstream and
Resources LLC
Contact Person Rick Lowry
Address 4600 J Barry Court, Suite 500
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Jefferson & Smith
Receiving Stream(s) and Classification(s) UNTs to
Harmon Ck (WWF); UNTs to Burgetts Fork (WWF)
Seconary—Harmon Ck (WWF); Burgetts Fork (WWF)
ESCGP-2 # ESG16-059-0040
Applicant Name Rice Drilling B LLC
Contact Person Joseph Mallow
Address 2200 Rice Dr
City, State, Zip Canonsburg, PA 15317
County Greene
Township(s) Jackson
Receiving Stream(s) and Classification(s) UNTs to Job Ck
(TSF); UNTs to Garner Run (HQ-WWF)
Seconary—Job Ck (TSF); Garner Run (HQ-WWF)
ESCGP-2 # ESX16-125-0012
Applicant Name COME Midstream Partners LLC
Contact Person Carol Phillips
Address 200 Evergreene Dr
City, State, Zip Waynesburg, PA 15370
County Washington
Township(s) East Finley
Receiving Stream(s) and Classification(s) Cowanesque
River (WWF); Yarnell Brook (WWF); Crooked Ck
(WWF)
Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-117-16-0041
Applicant Name SWEPI LP
Contact Person Jason Shoemaker
Address 150 N Dairy Ashford, E1296-E
City, State, Zip Houston, TX 77079
County Tioga Township(s) Farmington
Receiving Stream(s) and Classification(s) Thornbottom Ck
(WWF)
ESCGP-2 # ESG29-113-16-0012
Applicant Name SWN Production Co LLC
Contact Person Justin Moore
Address 917 SR 92 N
City, State, Zip Tunkhannock, PA 18657
County Sullivan
Township(s) Elkland
Receiving Stream(s) and Classification(s) Kings Ck
(HW-CWF); Elk Ck (HQ-CWF)
ESCGP-2 # ESX29-117-16-0037
Applicant Name SWEPI LP
Contact Person Jason Shoemaker
Address 150 N Dairy Ashford, E1296-E
City, State, Zip Houston, TX 77079
County Tioga
Township(s) Chatham & Deerfield
Receiving Stream(s) and Classification(s) Cowanesque
River (WWF); Yarnell Brook (WWF); Crooked Creek
(WWF)
SPECIAL NOTICES
Notice of Proposed Revision to the State Implementation Plan for Oxides of Nitrogen, Volatile Organic Compounds, Notice of Public Hearing, and Notice of Intent to Issue Revised Air Quality Operating Permit 48-00009
Approval of a Reasonably Available Control Technology (RACT II) plan for Victaulic Company located in Forks Township, Northampton County.
In accordance with 25 Pa. Code §§ 129.96—129.100, the Pennsylvania Department of Environmental Protection has made a preliminary determination to approve a RACT II plan and an amendment to the State Implementation Plan (SIP) for the foundry, surface coating, and distribution operations owned and operated by Victaulic Company located in Forks Township, Northampton County.
The proposed SIP revision does not adopt any new regulations. It incorporates the provisions and requirements contained in the amended RACT II approval for the facility, which are intended to satisfy the requirements for the 1997 National Ambient Air Quality Standard (NAAQS) and the 2008 NAAQS for ozone.
The proposed amendments to the RACT II determination, if finally approved, will be incorporated into a revised operating permit (48-00009) for the facility. The relevant RACT II requirements will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to Pennsylvania's State Implementation Plan and will remain in effect until replaced pursuant to 40 CFR 51 and approval by the EPA. Requirements that are not part of the RACT II determination will be excluded from the SIP submittal.
The following is a summary of the proposed amendments to the RACT II determination for this operation that will be submitted to the EPA as a SIP revision:
| Source | RACT II Requirement |
|---|
| Pouring/Casting Operations Sand Handling system | Volatile Organic Compounds. The permittee will have a limit of 134,784 tons of Metal/hour (7,488 hr/yr) |
| Core Room Operations | Volatile Organic Compounds. The permittee will have a limit of 60,000 tons of sand/hour (8,760 hr/yr) |
Persons wishing to file a written protest or provide comments or request a public hearing, which they believe should be considered prior to the issuance of a permit, may submit the information to Mark Wejkszner, Air Quality Program Manager, Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. A 30-day comment period from the date of publication in the Pennsylvania Bulletin will exist for the submission of comments, protests and hearing request. Each submission must contain the name, address and telephone number of the person submitting the comments, identification of the proposed RACT II Operating Permit including the permit number and a concise statement regarding the relevancy of the information or objections to issuance of the proposed RACT II Plan. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper or the Pennsylvania Bulletin or by telephone, where DEP determines such notification is sufficient. Written comments or requests for a public hearing should be directed to Raymond Kempa, Chief, New Source Review Section, Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18701-1915.
All pertinent application documents are available for public review between 8 a.m. and 4 p.m. at the Pa DEP Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. Appointments for scheduling a review may be made by calling 570-826-2419.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should contact Colleen Connolly at 570-826-2035 or the Pennsylvania AT&T Relay Service at 1-800-654-5984 (TDD) to discuss how the Department may accommodate your needs.
Drinking Water State Revolving Fund Special Notice
Special Notice Under the Federal Safe Drinking Water Act (SDWA); 42 U.S.C.A. §§ 300f, et. seq.
Northeast Region: Safe Drinking Water Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Project Location:
| Applicant | Applicant Address | County |
|---|
| Easton Suburban Water Authority | 3700 Hartley Avenue
Easton, PA 18043 | City of Easton, Wilson Borough
and Forks Township
Northampton County |
Project Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project, known as the ESWA Canal Street and Wood Avenue Water Main and Control Valve Chamber Improvement Project. ESWA proposes a distribution system replacement project of approximately 1.6 mile (8,400 LF) of 8-inch, 12-inch and 16-inch DI distribution main and necessary appurtenances (valves, hydrants, service laterals up to the curb stop) including the installation of three control valve chambers in the areas of Canal St., Wood Avenue, Berwick St., Seitz St., and Wilkes-Barre St. in the City of Easton, Wilson Borough and Forks Township, Northampton County. The Department's review of the project and the information received for the project has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby approves a Categorical Exclusion for the project.
Conditional State Water Quality Certification for the Maxwell Locks and Dam Hydroelectric Project, FERC Project No. 13766
On February 27, 2014, Solia 5 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 13-megawatt (MW) hydropower facility at the Maxwell Lock and Dam, owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monongahela River, at river mile 61.2, in Washington and Fayette Counties, Pennsylvania (Project). The Applicant is required pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)) to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the act.
On February 5, 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 September 27, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new 130-foot-long intake channel to be excavated into the riverbed downstream of the existing gated spillway. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new concrete powerhouse that is 150 feet long. The powerhouse would house two (2) horizontal pit Kaplan turbine generator units with a combined capacity of 13 MW. Flows would exit the powerhouse into a 160-foot-long tailrace excavated into the riverbed. Two (2) gates, with a combined width of 84 feet, would be constructed within the intake area, to pass the flow equivalent of one existing gate bay in a fully open position. Project power would be transmitted from the powerhouse to a new project 40` × 40` substation, and then from the new substation to an existing distribution line, with a 350-foot-long, overhead transmission line, with a voltage between 69 and 138 kilovolts.
The Department published notice of its proposed State water quality certification in the Pennsylvania Bulletin, at 46 Pa.B. 7543 (December 3, 2016), 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 Chapter 105 Water Obstruction and Encroachment Permit(s) (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 tainter gates; 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—The results of any 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. Wetland Delineation—Applicant has indicated that the proposed access road would be in close proximity to bodies of water, including wetlands. Accordingly, Applicant shall identify the regulated Waters of the Commonwealth on the site. The wetlands shall be identified and delineated in accordance with the Department's Wetland Delineation Policy. The Applicant shall include this information within its final EA to be submitted to the Department, for review and approval, prior to the start of construction. If the proposed access road will impact any watercourse, floodway, and/or bodies of water, including wetlands, the Applicant may need to submit application(s) for, and obtain, Water Obstruction and Encroachment Permit(s), from the Department, prior to the start of construction.
17. Programmatic Agreement—The PA Historical and Museum Commission (PHMC) has determined that FERC's issuance of an original license to Solia 5 Hydroelectric, LLC to construct, operate, and maintain the Maxwell Locks and Dam 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 5 Hydroelectric, LLC for the Construction, Operation, and Maintenance of the Maxwell Locks and Dam Hydroelectric Project Located in Washington County, Pennsylvania (FERC No. 13766-002).
18. 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.
19. 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.
20. Fish and Mussel Surveys and Mitigation—The Project footprint will reduce riverine habitat below the dam by approximately 1.9 acre. 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.
21. 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.
22. 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 promulgated thereunder, and 25 Pa. Code § 93.7.
23. 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 Lock & Dam 4 (aka Charleroi Lock & Dam), 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 promulgated thereunder.
24. Stream and Habitat Mitigation—Since the Project will eliminate approximately 1.9 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
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. WQ05-008, APS ID # 890428, or Authorization No. 1107073.
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, 717-787-3483. 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.
[Pa.B. Doc. No. 17-287. Filed for public inspection February 17, 2017, 9:00 a.m.]
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