[48 Pa.B. 7784]
[Saturday, December 22, 2018]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P.S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1002).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100.
02733702 and NPDES No. PA0023370. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy Drive, Canonsburg, PA 15317). To renew the NPDES permit for the Renton Refuse Area in Plum Township, Allegheny County. No additional discharges. The application was considered administratively complete on July 29, 2015. Application received: May 29, 2014. Permit issued: December 3, 2018.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 32030110, Fossil Fuel, Inc., 690 Weaver Road, Marion Center, PA 15759-5511, renewal for reclamation only of a bituminous surface and auger permit in East Mahoning & Grant Townships, Indiana County, affecting 43.0 acres. Receiving stream: unnamed tributaries to Crooked Run to Little Mahoning Creek, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: October 15, 2018. Permit issued: December 3, 2018.
Permit No. 11070201 and NPDES No. PA0262391, Fuel Recovery Inc., 254 Interpower Drive, Colver, PA 15927, permit renewal for reclamation only of a bituminous surface mine in Washington Township, Cambria County, affecting 87.8 acres. Receiving streams: unnamed tributary to/and Bear Rock Run and Burgoon Run classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: June 11, 2018. Permit issued: December 6, 2018.
Permit No. 32070103, RES Coal, LLC, 51 Airport Road, Clearfield, PA 16830, permit renewal for reclamation only of a bituminous surface and auger mine in East Mahoning Township, Indiana County, affecting 201.4 acres. Receiving stream: Little Mahoning Creek, classified for the following use: high quality—cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: June 11, 2018. Permit issued: December 7, 2018.
Noncoal Permits Issued
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
4976SM4 and NPDES PA0608858. DeCristo, Inc. (9070 Route 414, Canton, PA 17724). Transfer and renewal of an existing large noncoal mine site from New Enterprise Stone & Lime, Inc. dba Eastern Industries, Inc. located in Middlebury Township, Tioga County affecting 38.1 acres. Receiving stream(s): Norris Brook classified for the following use(s): TSF, MF, EV. There are no potable water supply intakes within 10 miles downstream. Application received: February 8, 2018. Permit issued: November 29, 2018.
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, P.O. 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 Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, Waterways and Wetlands Program Manager, 412-442-4000.
E02-1794, City of Pittsburgh Department of Mobility and Infrastructure, City County Building, Room 215B, 514 Grant Street, Pittsburgh, PA 15219, City of Pittsburgh, Allegheny County, Pittsburgh ACOE District.
Has been given consent to:
1. Construct and maintain grouted and non-grouted rock bank protection, and the construction of modular concrete jumbo blocks and gabion walls along 955 linear feet of stream.
2. Remove gravel bars and nonnative materials from the stream bed along 1,000 linear feet of stream.
For the purpose of improving bank stability and stream flood conditions. The project will take place within Streets Run (WWF). Due to the aforementioned areas overlapping the project will cumulatively impact 1,000 linear feet of stream. Mitigation is not required due to the nature of the project. The project site is located in the Hays neighborhood (Pittsburgh East, PA USGS topographic quadrangle; N: 40°, 23`, 02"; W: -79°, 55`, 59"; Sub-basin 19A; USACE Pittsburgh District), in the City of Pittsburgh, Allegheny County.
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Waterways & Wetlands Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
EA36-052: Mr. James Zimmerman, 201 Wanner Road, Ephrata, PA 17522 in Earl Township, Lancaster County, U.S. Army Corps of Engineers Baltimore District.
To the regrading and maintenance of 1,675 feet of the left bank of the Conestoga River for the purposes of reducing the frequency of flooding and restoring the riparian buffer. The project is located near the intersection of Kurtz Road and Martindale Road (Latitude: 40° 09` 13" N; Longitude: 76° 06` 43" W) in Earl Township, Lancaster County. No wetlands will be impacted by this project. The permit was issued on December 6, 2018.
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.
D21-206EA. Cindy Foster, Borough Manager, Borough of Lemoyne, 510 Herman Avenue, Lemoyne, PA 17043, Lemoyne Borough, Cumberland County, USACOE Baltimore District.
Project proposes to remove the breached remains of the Lemoyne Borough Dam to eliminate a threat to public safety and to restore approximately 220 feet of stream channel to a free-flowing condition. The proposed restoration project includes construction of grade and erosion control structures in the stream channel through the former reservoir and immediately downstream from the dam where significant erosion has occurred. The project is located across a tributary to the Susquehanna River (WWF, MF) (West Harrisburg, PA Quadrangle, Latitude: 40.2509; Longitude: -76.9089).
DAM SAFETY 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.
D54-001A. Lofty Reservoir Dam, Mahanoy Township Authority, 46 North Main Street, Mahanoy City, PA 17948. Permit issued to operate and maintain Lofty Reservoir Dam across Messers Run (HQ-CWF) in accordance with all permit conditions (Delano, PA Quadrangle; Latitude: 40° 52` 20", Longitude: -76° 02` 42") in Kline Township, Schuylkill County.
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, P.O. 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 # ESX18-019-0025—Chamaeleon Well Pad
Applicant EM Energy PA, LLC
Contact Hugh Caperton
Address 1800 Marin Street, Suite 220
City Canonsburg State PA Zip Code 15317
County Butler
Township(s) Parker
Receiving Stream(s) and Classification(s) UNT to Bear Creek/Bear Creek CWFESCGP-2 # ESG13-083-0011B—West Branch Pad O
Applicant Seneca Resources Company, LLC
Contact Doug Kepler
Address 5800 Corporate Drive, Suite 300
City Pittsburgh State PA Zip Code 15237
County McKean
Township(s) Sergeant
Receiving Stream(s) and Classification(s) UNT to Straight Creek/Upper Clarion River; UNT to Dead Mans Lick/
Sinnemahoning CreekESCGP-2 # ESG18-083-0002—Tally Ho Pipeline Replace-
ment
Applicant Pennhills Resources
Contact Stuart Morris
Address 3055 Route 219
City Kane State PA Zip Code 16735
County McKean
Township(s) Lafayette & Hamlin
Receiving Stream(s) and Classification(s) Windfall Run (HQ-CWF), Kinzua Creek (CWF), UNT to Wintergreen Run (CWF) UNT to Turnup Run, Lewis Run & Miam Run (HQ-CWF)Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESG29-027-18-0002
Applicant Name ARD Operating, LLC
Contact Person Stephen Barondeau
Address 33 West Third Street, Suite 300
City, State, Zip Williamsport, PA 17701
County Centre
Township(s) Curtin Twp.
Receiving Stream(s) and Classification(s) Primary Water-
shed(s): UNT to Hayes Run (EV).
Secondary Watershed(s): Hayes Run (EV).ESCGP-2 # ESX29-115-18-0067
Applicant Name Williams Field Services Company, LLC
Contact Person Adam Weightman
Address 400 1st Center, Suite 404
City, State, Zip Horseheads, NY 14845
County Susquehanna
Township(s) Auburn & Springville Twps.
Receiving Stream(s) and Classification(s) Unnamed tribu-
taries to Riley Creek (CWF-MF) and Unnamed tributar-
ies to White Creek (CWF-MF)
ESCGP-2 # ESG29-117-18-0022
Applicant Name UGI Texas Creek, LLC
Contact Person Dante D'Alessandro
Address One Meridian Boulevard, Suite 2C01
City, State, Zip Wyomissing, PA 19610
County Tioga
Township(s) Liberty Twp.
Receiving Stream(s) and Classification(s) Brion Creek (EV), Salt Spring Run (EV)ESCGP-2 # ESG29-117-18-0006
Applicant Name REPSOL Oil and Gas USA, LLC
Contact Person Lance Ridall
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Tioga
Township(s) Sullivan and Ward Twps.
Receiving Stream(s) and Classification(s) Fall Brook (CWF), Fellows Creek (CWF)ESCGP-2 # ESX29-115-18-0055
Applicant Name UGI Energy Services, LLC
Contact Person Michael Mara
Address One Meridian Boulevard, Suite 2C01
City, State, Zip Wyomissing, PA 19610
County Susquehanna
Township(s) Auburn Twp.
Receiving Stream(s) and Classification(s) Dority Creek (CWF-MF)
SPECIAL NOTICES
Proposed State Water Quality Certification Required by Section 401 of the Clean Water Act for the Temple Truck Rack Expansion Project Southcentral Region: Waterways and Wetlands Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
DEP File No.: WQ03-004 UGI LNG, Inc. (UGI or Applicant), 1 Meridian Boulevard, Suite 2C01, Wyomissing, PA 19610, Temple Truck Rack Expansion Project (Project) located at 5665 Leesport Ave., Reading, Onte-launee Township, Berks County (Lat: 40° 25` 28.18"; Long: -75° 55` 19.95").
On November 14, 2016, UGI applied to the Federal Energy Regulatory Commission (FERC) for a certificate of public convenience and necessity (Docket No. CP17-14-000) pursuant to Section 7(c) of the Natural Gas Act. UGI proposes to construct and operate certain natural gas pipeline facilities to expand their existing Temple Liquefied Natural Gas (LNG) Peak-shaving Facility (aka: Temple Truck Rack Expansion Project) in Berks County.
On October 1, 2018, UGI requested a State water quality certification from the Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in this Commonwealth through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The proposed overall Project consists of the following activities: construction and operation of two additional LNG loading and unloading terminals, two rack scales, transfer piping, and associated equipment in support of the truck rack expansion, as well as a new driveway for the expansion to Willow Creek Road at the Project site. Approximately 9.5 acres of earth disturbance is proposed within the property footprint of the existing truck rack site, with approximately 5.6 acres of permanent use areas proposed.
The receiving surface water for the Project is Willow Creek. No watercourse, floodway, water body or wetland impacts are proposed by UGI for this Project.
The Department anticipates issuing a State water quality certification to Applicant for the Temple Truck Rack Expansion Project that will require compliance with the following State water quality permitting programs, criteria and conditions established under State law to ensure the Temple Truck Rack Expansion Project does not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93:
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 Project under Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a) if such discharges are proposed.
2. Erosion and Sediment Control Permit—Applicant shall comply with the Department's Chapter 102 Individual NPDES permit for the discharge of stormwater associated with construction activities, NPDES Permit No. PAD060002 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 under 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), if such water resource impacts are proposed and as these requirements are applicable.
4. Delaware River Basis Commission—The Applicant shall comply with any Delaware River Basin Commission (DRBC) approvals that may be necessary from the DRBC for the Project.
5. 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.
6. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
7. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department, or an authorized representative thereof, during such inspections of the Project.
8. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least 30 days prior to the contemplated transfer and shall simultaneously inform the Department's Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owners containing a specific date for transfer of responsibility, coverage, and liability under the Certification and any permits, authorizations and approvals obtained to comply with the Certification. The new owner shall submit to the Department a new application form for the Certification and any permits, authorizations and approvals required to comply with the Certification signed by the new owner.
9. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southcentral Regional Office, Program Manager, Waterways and Wetlands, 909 Elmerton Avenue, Harrisburg, PA 17110.
10. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if (i) the Department becomes aware of new facts about the Project that warrant such action; or (ii) the Department determines that the Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with any applicable law or regulation.
11. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
12. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
The Environmental Assessment prepared by FERC may be viewed on FERC's website at www.ferc.gov under the Docket No. CP17-14-000.
Prior to issuance of the final State water quality certification, the Department will consider all relevant and timely comments, suggestions or objections submitted to the Department within 30 days of this notice. Written comments should be submitted by e-mail to EP, WW-SCRO@pa.gov or by mail at the previously listed address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) and should be directed to Program Manager, Waterways and Wetlands Program. Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.
[Pa.B. Doc. No. 18-1974. Filed for public inspection December 21, 2018, 9:00 a.m.]
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