[49 Pa.B. 3906]
[Saturday, July 27, 2019]
[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.
63743702 and NPDES No. PA0214248. Eighty Four Mining Company (46226 National Road, Saint Clairsville, OH 43950). To renew the permit for the Mine 84 Refuse Area in Somerset Township, Washington County and related NPDES permit. No additional discharges. The application was considered administratively complete on November 17, 2015. Application received: June 29, 2015. Permit issued: July 8, 2019.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 4075SM12 and NPDES No. PA0248860. Penn Coal Land, Inc., P.O. Box 68, Boswell, PA 15531, permit renewal for reclamation only of a bituminous surface mine in Summit Township, Somerset County, affecting 184 acres. Receiving stream: unnamed tributary to Casselman River, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: April 8, 2019. Permit issued: July 8, 2019.
Permit No. 56080109, PBS Coals, Inc., P.O. Box 260, Friedens, PA 15541, permit renewal for reclamation only of a bituminous surface and auger mine in Somerset Township, Somerset County, affecting 320.7 acres. Receiving streams: unnamed tributaries to Wells Creek to Stonycreek, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: April 24, 2019. Permit issued: July 11, 2019.
Permit No. 56070111. Mountaineer Mining Corp., 1010 Garrett Shortcut Road, Berlin, PA 15530, permit renewal for reclamation only of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 115 acres. Receiving streams: unnamed tributaries to Swamp Creek and unnamed tributaries to Buffalo Creek, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: April 12, 2019. Permit issued: July 11, 2019.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
10130103. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127). Renewal of an existing bituminous surface mine in Clay Township, Butler County affecting 48.9 acres. This renewal is issued for reclamation only. Receiving streams: Muddy Creek. Application received: June 3, 2019. Permit issued: July 11, 2019.
PRIMACY BOND FORFEITURE PROJECT New Stanton District Mining Office, 131 Broadview Road, New Stanton, PA 15672, Telephone 724-925-5542.
Primacy Bond Forfeiture Project PBF 03890108.4 Location Washington Township
Armstrong County
PennsylvaniaDescription Bond Forfeiture
Reclamation Project
Darmac Silver Rock Mine,
Phase II
Contractor Armstrong Count
Conservation District
120 South Grant Street
Suite 2
Kittanning, PA 16201-1450
Amount $445,936.00 Date of Award June 26, 2019
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
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
53194102. Maine Drilling & Blasting, Inc. (P.O. Box 1140, Gardiner, ME 04345). Blasting for commercial development in Hector Township, Potter County with an expiration date of June 28, 2020. Permit issued: July 9, 2019.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 35194108. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Suite A, Lackawaxen, PA 18435), construction blasting for Mt Margaret Estates in Dunmore Borough, Lackawanna County with an expiration date of July 2, 2021. Permit issued: July 8, 2019.
FEDERAL WATER POLLUTION
CONTROL ACT SECTION 401The 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 Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E06-731: Oak Grove Partners LLC, 3335 Morgantown Road, P.O. Box 7, Mohnton, PA 19540 in Robeson Township, Berks County, U.S. Army Corps of Engineers Philadelphia District.
To construct and maintain a road crossing in and across Hay Creek (EV, MF), its floodway, and EV PEM wetland permanently impacting 23 linear feet of Hay Creek and 0.07 acre of EV PEM wetland and install and maintain a 70-foot long 53-inch diameter CMP elliptical culvert with associated grading and riprap in and along a UNT to Hay Creek (EV, MF) and its associated floodway permanently impacting 144 linear feet of the UNT to Hay Creek all for the purpose of constructing a residential development (40.196831, -75.873274). The applicant is proposing to compensate for these impacts by creating 0.18 acre of wetland on-site. The project is located along Furnace Road east of the intersection with PA State Route 10, Latitude: 40° 11` 48", Longitude 75° 52` 23" in Robeson Township, Berks County. The permit was issued on July 12, 2019.
E06-734: PA Department of General Services, 1800 Herr Street, Harrisburg, PA 17103 in Exeter Township, Berks County, U.S. Army Corps of Engineers Philadelphia District.
To (1) install and maintain a 1.5-inch HDPE sanitary sewer force main impacting 480 square feet of Owatin Creek (WWF) and (2) install and maintain a 3-inch HDPE sanitary sewer force main impacting 190 square feet of an unnamed tributary to Owatin Creek (WWF) for the purpose of upgrading the existing site. The project is located at 400 Daniel Boon Road (Birdsboro Quad, Latitude: 40.293689, Longitude: -75.804903) in Exeter Township, Berks County. The permit was issued on July 15, 2019.
Northwest Region: Waterways & Wetlands Program, 230 Chestnut Street, Meadville, PA 16335-3481.
E43-358 Major Amendment, Grove City College, 100 Campus Drive, Grove City, PA 16127. Wolf Creek Stream Restoration Project in Mercer County (41.1590, -80.0846), ACOE Pittsburgh District.
Applicant is requesting a Major Amendment to Permit NO. E43-358 issued August 8, 2013 to restore 260 linear feet of streambank beginning 300 feet downstream of the intersection of Wolf Creek and East Pine Street and continuing downstream. The eroded stream bank was reconstructed using a combination of rock embankment and reinforced earth fill. The major amendment proposes to stabilize an additional 180 linear feet of eroded streambank immediately upstream of the 2013 repair area utilizing the same design.
E3206118-001, PA Department of Transportation, District 10-0, 2550 Oakland Ave., Indiana PA 15701. SR 8008, Section 402, Segment 0500, Offset 0650, in East Wheatfield Township, Indiana County, ACOE Pittsburgh District (New Florence, PA Quadrangle N: 40°, 27`, 22.5"; W: 79°, 01`, 51.8";).
To rehabilitate and maintain an existing steel pipe-arch culvert by slip-lining a 90-ft, 4 7/8-in long aluminum pipe-arch culvert having a 73-in wide by 55-in high waterway opening in UNT Mardis Run on S.R. 8008, Segment 0500, Offset 0650 approximately 0.1-mi east of the entrance to S.R. 8008 from S.R. 0056, resulting in 150-ft of temporary and 115-ft of permanent impact to UNT Mardis Run (New Florence, PA Quadrangle N: 40° 27` 22.5"; W: 79° 01` 51.8") in East Wheatfield Township, Indiana County.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA.
E5829-144: Rush Township, Repsol Oil & Gas USA, 337 Daniel Zenker Drive, Horseheads, NY 14845; Rush Township, Susquehanna County, ACOE Baltimore District.
To construct, operate, and maintain:
1) a permanent access road utilizing a 48-inch HDPE × 42 lineal feet culvert permanently impacting 48 lineal feet of an unnamed tributary to North Branch Wyalusing Creek (CWF, MF) (Lawton, PA Quadrangle; Latitude: 41° 48` 39", Longitude: -76° 07` 06");
2) a temporary timber bridge stream crossing and a wetland mitigation area impacting 16 lineal feet of an unnamed tributary to North Branch Wyalusing Creek (CWF, MF) (Lawton, PA Quadrangle; Latitude: 41° 48` 40", Longitude: -76° 07` 08");
3) a permanent access road crossing impacting 6,435 square feet (0.15 acre) of a palustrine emergent wetland (PEM) (Lawton, PA Quadrangle; Latitude: 41° 48` 39", Longitude: -76° 07` 07");
4) a permanent access road crossing utilizing three 12-inch diameter culverts impacting 10,835 square feet (0.25 acre) of a palustrine emergent wetland (PEM) (Lawton, PA Quadrangle; Latitude: 41° 48` 40", Longitude: -76° 07` 05");
5) three culvert discharge aprons impacting 88 square feet (0.01 acre) of a palustrine emergent wetland (PEM) (Lawton, PA Quadrangle; Latitude: 41° 48` 40", Longitude: -76° 07` 05");
6) a permanent access road crossing impacting 1,466 square feet (0.03 acre) of a palustrine emergent wetland (PEM) (Lawton, PA Quadrangle; Latitude: 41° 48` 42", Longitude: -76° 07` 01").
The Warner W. (05-121) Well Site project consists of remediating unpermitted third party impacts to multiple resources and utilizing previously impacted areas for construction of a well pad access road located in Rush Township, Susquehanna County. The project will result in 64 lineal feet of stream impacts and 18,824 square feet (0.43 acre) of palustrine emergent (PEM) wetland impacts to resources previously impacted by the landowner to provide permanent access for development of Marcellus Shale natural gas formations. The project is providing 8,150 square feet (0.19 acre) of wetland mitigation for permanent impacts; and, will additionally remediate third party impacts totaling 93,741 square feet (2.15 acres) of stream floodway impacts and 58,435 square feet (1.34 acre) of palustrine emergent wetlands (PEM).
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, Floor 2, 400 Market Street, P.O. Box 8460, Harrisburg, PA 17105-8460.
D14-001EA. Kurt Staller, Project Manager, Pennsylvania American Water Company, 852 Wesley Drive, Mechanicsburg, PA 17055, Rush Township, Centre County, USACOE Baltimore District.
Project proposes to remove the Cold Stream Dam to eliminate a threat to public safety and to restore approximately 600 feet of stream channel to a free-flowing condition. The project is located across Cold Stream (HQ-CWF) (Sandy Ridge, PA Quadrangle, Latitude: 40.8517; Longitude: -78.2068).
D14-013EA. Kurt Staller, Project Manager, Pennsylvania American Water Company, 852 Wesley Drive, Mechanicsburg, PA 17055, Rush Township, Centre County, USACOE Baltimore District.
Project proposes to remove the Lower Trout Run (Montola) Dam to eliminate a threat to public safety and to restore approximately 200 feet of stream channel to a free-flowing condition. The project is located across Trout Run (CWF) (Houtzdale, PA Quadrangle, Latitude: 40.8084, Longitude: -78.2613).
D14-014EA. Kurt Staller, Project Manager, Pennsylvania American Water Company, 852 Wesley Drive, Mechanicsburg, PA 17055, Rush Township, Centre County, USACOE Baltimore District.
Project proposes to remove the Upper Trout Run Dam to eliminate a threat to public safety and to restore approximately 300 feet of stream channel to a free-flowing condition. The project is located across Trout Run (CWF) (Houtzdale, PA Quadrangle, Latitude: 40.8041; Longitude: -78.2674).
D14-077EA. Kurt Staller, Project Manager, Pennsylvania American Water Company, 852 Wesley Drive, Mechanicsburg, PA 17055, Rush Township, Centre County, USACOE Baltimore District.
Project proposes to remove the Middle Trout Run Dam to eliminate a threat to public safety and to restore approximately 150 feet of stream channel to a free-flowing condition. The project is located across Trout Run (HQ-CWF) (Houtzdale, PA Quadrangle, Latitude: 40.8047, Longitude: -78.2669).
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-3 # ESG080319007-00—Walnut M&R Station & Pipelines Project
Applicant INR Operating LLC
Contact Ian Costello
Address 2605 Cranberry Square
City Morgantown State WV Zip Code 26508
County Armstrong Township South Bend
Receiving Streams and Classifications Crooked Creek, Trib 46443 to Crooked Creek and Trib 46430 to Gob- blers Run and associated UNTsESCGP-3 # ESX11-063-0001-01—Crawford Pad—
Major Modification
Applicant CNX Gas Company LLC
Contact Sarah Weigand
Address 1000 Consol Energy Drive
City Canonsburg State PA Zip Code 15317
County Indiana Township Young
Receiving Stream(s) and Classification(s) Tributary 43217 to Whiskey Run, UNTs to Nesbit Run and Nesbit Run.ESCGP-3 # ESG080319005-00—IDA Well Pad
Applicant Snyder Bros Inc
Contact Carl Rose
Address P.O. BOX 1022, One Glade Park East
City Kittanning State PA Zip Code 16201
County Armstrong Township(s) South Buffalo
Receiving Stream(s) and Classification(s) UNT to Nichol- son Run, Nicholson Run (WWF)ESCGP-3 # ESG084219002-00 South Branch 1408 ESX
Applicant SWEPI LP
Contact Jason Shoemaker
Address 150 North Dairy Ashford; Bldg E 12th Floor
City Houston State TX Zip Code 77079
County McKean Township(s) Wetmore
Receiving Stream(s) and Classification(s) UNT to Martin Creek HQ-CWF/East Branch Tionesta Creek HQ-CWFEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-3 # ESG294119019-00
Applicant Name XTO Energy, Inc.
Contact Person Melissa Breitenbach
Address 190 Thorn Hill Road
City, State, Zip Warrendale, PA 15086
County Lycoming
Township(s) Jordan Twp.
Receiving Stream(s) and Classification(s) UNT to West Branch Run (CWF)
Secondary: West Branch Run (CWF)ESCGP-3 # ESG294119004-00
Applicant Name Diversified Gas & Oil Corporation
Contact Person Doug Byers
Address P.O. Box 381087
City, State, Zip Birmingham, AL 35238
County Lycoming
Township(s) Gamble Twp.
Receiving Stream(s) and Classification(s) Murry Run (EV)
Secondary Receiving Waters: Wallis Run (EV)ESCGP-3 # ESG290819007-00
Applicant Name Appalachia Midstream Services, LLC
Contact Person Scott Kinter
Address 400 IST Center
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Tuscarora Twp.
Receiving Stream(s) and Classification(s) Little Tuscarora Creek (CWF-MF)
Secondary Receiving: Susquehanna River (WWF-MF)ESCGP-3 # ESG29-105-17-0011(01)
Applicant Name JKLM Energy, LLC
Contact Person Scott C. Blauvelt
Address 2200 Georgetown Drive, Suite 500
City, State, Zip Sewickley, PA 15143
County Potter
Township(s) Pike Twp.
Receiving Stream(s) and Classification(s) Primary Water- shed(s): (1) Judson Hollow (HQ-CWF), and (2) Genesee Forks (HQ-CWF).
Secondary Watershed(s): (1) Genesee Forks (HQ-CWF), and (2) Pine Creek (EV).ESCGP-3 # ESG295819001-00
Applicant Name Williams Field Services Company, LLC
Contact Person Adam Weightman
Address 400 IST Center, Suite 404
City, State, Zip Horseheads, NY 14845
County Susquehanna
Township(s) Lathrop and Springville Twps.
Receiving Stream(s) and Classification(s) Unnamed trib. To Horton Creek (CWF-MF) and Unnamed trib. to Meshoppen Creek (CWF-MF).
Secondary Waters: Tunkhannock Creek (CWF-MF) and Meshoppen Creek (CWF-MF).ESCGP-3 # ESG296619003-00
Applicant Name BKV Operating, LLC
Contact Person William Roszel
Address 12231 SR 706
City, State, Zip Montrose, PA 18801
County Wyoming
Township(s) Washington Twp.
Receiving Stream(s) and Classification(s) Primary Water- shed(s): Meshoppen Creek (CWF).
Secondary Watershed(s): Susquehanna River (WWF).
STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P.S. §§ 6021.304, 6021.504, 6021.1101-6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, P.O. Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name & Address County Municipality Tank Type Tank Capacity 19-02-044 United States Steel Corporation
400 State Street
Clairton, PA 15025-1855
Attn: Mike Dzurinko
Allegheny City of Clairton 1 AST storing
light oil270,000 gallons
CORRECTIVE ACTION UNDER
ACT 32, 1989
PREAMBLE 2
The following plans and reports were submitted under the Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101—6021.2104).
Provisions of 25 Pa. Code Chapter 245 Subchapter D, Administration of the Storage Tank and Spill Prevention Program, require the Department of Environmental Protection (DEP) to publish in the Pennsylvania Bulletin a notice of submission of plans and reports. A remedial action plan is submitted to summarize the site characterization, document the design and construction details for the remedial action, and describe how the remedial action will attain the selected remediation standard. The remedial action plan also provides results of studies performed and data collected to support the remedial action and a description of postremediation care requirements. A remedial action completion report is submitted to document cleanup of a release of a regulated substance at a site to the selected remediation standard. A remedial action completion 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 non-residential 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.
For further information concerning plans or reports, please contact the Environmental Cleanup Program Manager in the DEP Regional Office under which the notice of receipt of plans or reports appears. If information concerning plans or reports is required in an alternative form, contact the Community Relations Coordinator at the appropriate Regional Office listed. TDD users may telephone the DEP through the Pennsylvania AT&T Relay Service at (800) 654-5984.
The Department has received the following plans and reports:
Southeast Region: Environmental Cleanup & Brownfields Program Manager, 2 East Main Street, Norristown, PA 19401.
Lukoil 69726, 23-42587, 501 E Baltimore Pike, Media Borough, Delaware County. Envirotrac Ltd., 3070 Bristol Pike, Building 1, Suite 221, Bensalem, PA 19020, on behalf of Lukoil North America LLC, 302 Harper Drive, Suite 303, Moorestown, NJ 08057, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with unleaded gasoline. The report is intended to document remediation of the site to meet residential and nonresidential Statewide health and site specific standards.
Eagle Texaco, 15-31315, 31 Pottstown Pike, Upper Uwchlan Township, Chester County. Liberty Environmental, Inc., 505 Penn Street, Suite 400, Reading, PA 19601, on behalf of Ramgin Holdings LP, 133 Barneston Rd, P.O. Box 486, Glenmoore, PA 19343 submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet site specific standards.
Northeast Region: Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
G&G Express Mart, Storage Tank ID # 40-15488, 320 Wilkes-Barre Township Boulevard, Wilkes-Barre Township, Luzerne County, MEA Environmental Services, 1365 Ackermanville Road, Bangor, PA 18013, on behalf of GILBRO Realty, 1241 South Main Street, Scranton, PA 18504, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with gasoline. The report is intended to document the remedial actions for meeting Statewide Health Standards.
Montrose Convenience Store, Storage Tank ID # 58-13082, 11046 State Route 29, Bridgewater Township, Susquehanna County, United Environmental Services, 1143 Long Run Road, Schuylkill Haven, PA 17972, on behalf of Rocks Investment LLC, 11046 State Route 29, South Montrose, PA 18843, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with gasoline. The report is intended to document the remedial actions for meeting Site Specific Standards.
Convenient Food Mart, Storage Tank ID # 40-08918, 340 Wilkes-Barre Township Boulevard, Wilkes-Barre Township, Luzerne County, Reliance Environmental, 235 North Duke Street, Lancaster, PA 17602, on behalf of Central Development Group LLC, 304 North Wilkes-Barre Township Boulevard, Wilkes-Barre, PA 18702, submitted a Remedial Action Plan concerning remediation of soil contaminated with gasoline. The report is intended to document the remedial actions for meeting Statewide Health Standards.
Uni Mart # 4308, Storage Tank ID # 40-29872, 3000 Bear Creek Boulevard, Bear Creek Township, Luzerne County, LaBella Associates, 1000 Dunham Drive, Suite B, Dunmore, PA 18512, on behalf of National Retail Properties Trust, 450 South Orange Avenue, Orlando, FL 32801, submitted a Remedial Action Plan concerning remediation of groundwater contaminated with petroleum. The report is intended to document the remedial actions for meeting Statewide Health Standards.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Longstown Getty 67632, Storage Tank Primary Facility ID # 67-26028, 2873 East Prospect Road, York, PA 17402, York Township, York County, Antea USA, Inc., 535 Route 38, Suite 203, Cherry Hill, NJ 08002, on behalf of Getty Properties Corporation, Two Jericho Plaza, Suite 110, Wing C, Jericho, NY 11753 submitted a combination Remedial Action Plan and Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum constituents. The report is intended to document remediation of the site to meet the Site-Specific Standard.
Bedford Sun Shop, Storage Tank Primary Facility ID # 05-22918, RR2, Business Route 220 & PA Turnpike Interchange, Bedford, PA 15222, Bedford Township, Bedford County, Gary C. Calvert, LLC, P.O. Box 504, Hollidaysburg, PA 16648, on behalf of Ashbridge Oil Company, 4470 West Pike Road, Indiana, PA 15701, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum constituents. The report is intended to document remediation of the site to meet the Site-Specific Standard.
Huntingdon Asphalt, Storage Tank Primary Facility ID # 31-10513, 10867 Fairgrounds Road, Huntingdon, PA 16652, Walker Township, Huntingdon County, DMS Environmental Services, LLC, 103 South Spring Street, Bellefonte, PA 16823, on behalf of New Enterprise Stone & Lime Company, 10867 Fairgrounds Road, Huntingdon, PA 16652, submitted a Remedial Action Completion Report concerning remediation of groundwater contaminated with petroleum constituents. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Former Gulf Service Station No. 143670/V1555 Storage Tank Primary Facility ID # 02-09192, 301 Craft Avenue, Pittsburgh, PA 15213, City of Pittsburgh, Allegheny County. Kleinfelder, Inc., 51 Dutilh Road, Suite 240, Cranberry Township, PA 16066, on behalf of Cumberland Farms, Inc, 165 Flanders Road, Westborough, MA 01581, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet the site-specific standard.
CORRECTIVE ACTION UNDER
ACT 32, 1989
PREAMBLE 3
The DEP has taken action on the following plans and reports under the Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101—6021.2104).
Provisions of 25 Pa. Code Chapter 245 Subchapter D, Administration of the Storage Tank and Spill Prevention Program, require the Department of Environmental Protection (DEP) to publish in the Pennsylvania Bulletin a notice of its final actions on plans and reports.
A remedial action plan is submitted to summarize the site characterization, document the design and construction details for the remedial action, and describe how the remedial action will attain the selected remediation standard. The remedial action plan also provides results of studies performed and data collected to support the remedial action and a description of postremediation care requirements. A remedial action completion report is submitted to document cleanup of a release of a regulated substance at a site to the selected remediation standard. A remedial action completion 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 non-residential 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.
The DEP may approve or disapprove plans and reports submitted. This notice provides the DEP's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, please contact the Environmental Cleanup Program Manager in the DEP Regional Office under which the notice of the plan or report appears. If information concerning a report is required in an alternative form, contact the Community Relations Coordinator at the appropriate Regional Office listed. TDD users may telephone the DEP through the Pennsylvania AT&T Relay Service at (800) 654-5984.
The DEP has received the following plans and reports:
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Etters Roxbury Store, Storage Tank Primary Facility ID # 28-01621, 11195 Forge Hill Road, Roxbury, PA 17251, Lurgan Township, Franklin County, Converse Consultants, 2738 West College Avenue, State College, PA 16801, on behalf of Garnet Etter, P.O. Box 73, Roxbury, PA 17251, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum constituents. The Remedial Action Plan was not acceptable to meet the Site-Specific Standard and was disapproved by the Department on July 9, 2019.
Greencastle Sunoco, Storage Tank Primary Facility ID # 28-21044, 705 Buchanan Trail East, Antrim Township, Franklin County, Creston Environmental, LLC, P.O. Box 1373, Camp Hill, PA 17001, on behalf of HET Energy, Inc., 1631 Bridge Street, New Cumberland, PA 17070, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum constituents. The Remedial Action Plan was acceptable to meet the Site-Specific Standard and was approved by the Department on July 10, 2019.
Tylers Old 322 Service Center, Storage Tank Primary Facility ID # 44-62979, 14 Royal Street, Reedsville, PA 17084-9798, Armagh Township, Mifflin County, YCP, Inc., 1550 Oak Lane, Dover, PA 17315, on behalf of Tylers Old 322 Service Center, 14 Royal Street, Reedsville, PA 17084-9798, submitted a 3.10(b) Site Characterization—Remedial Action Completion Report concerning remediation of soil contaminated with Unleaded Gasoline constituents. The Remedial Action Completion Report did not demonstrate attainment of the Statewide Health Standard and was disapproved by the Department on July 11, 2019.
SPECIAL NOTICES
Plan Revision Approval under the Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, Act 101Southwest Region: Waste Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
The Department of Environmental Protection (Department) approved the 2019 Allegheny County Municipal Waste Management Plan Revision on July 15, 2019.
Any person aggrieved by this action may appeal the action to the Environmental Hearing Board (Board) 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. The Board's address is Environmental Hearing Board, Rachel Carson State Office Building, Second Floor, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457.
TDD users may contact the Environmental Hearing 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. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
A Notice of Appeal form and the Board's rules of practice and procedure may be obtained online at http://ehb.courtapps.com or by contacting the Secretary to the Board at (717) 787-3483. The Notice of Appeal form and the Board's rules are also available in braille and on audiotape from the Secretary to the Board.
Important legal rights are at stake. 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 at (717) 787-3483 for more information. You do not need a lawyer to file a notice of appeal with the board.
If you want to challenge this action, your appeal must be filed with and received by the Board within 30 days of publication of this notice in the Pennsylvania Bulletin.
The plan revision is a public document and may be viewed at the Department Regional Office previously noted.
Questions concerning this approval should be directed to Lawrence Holley, Environmental Program Manager, Department of Environmental Protection, Bureau of Waste Management, Division of Waste Minimization and Planning, P.O. Box 8472, Harrisburg, PA 17105-8472 or to Sharon Svitek, Regional Recycling and Planning Supervisor, Bureau of Waste Management at the previous Regional Office.
Proposed State Water Quality Certification
Required by Section 401 of the Clean Water Act, General Permit Registration and ESCGP-3 for the TP-4555 2019 Bare Pipeline Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, P.E., Program Manager 412.442.4149.
WQ65052-001, Equitrans, L.P. (Applicant), 2200 Energy Drive, Canonsburg, PA 15317. TP-4555 2019 Bare Pipe Replacement Project (Project), in Unity and Derry Townships, Westmoreland County, in the Army Corps of Engineers (ACOE) Pittsburgh District. Section 1 of the proposed Project starts at Applicant's existing TP-4555 pipeline in Unity Township (Pittsburgh East, PA Quadrangle N: 40°, 17`, 58.40"; W: 79°, 25`, 1.60") and ends at Applicant's existing TP-4555 pipeline in Unity Township (Pittsburgh East, PA Quadrangle N: 40°, 17`, 56.56"; W: 79°, 24`, 8.72"). Section 2 of the proposed Project starts at Applicant's existing TP-4555 pipeline in Derry Township (Pittsburgh East, PA Quadrangle N: 40°, 18`, 28.25"; W: 79°, 20`, 55.50") and ends at Applicant's existing TP-4555 pipeline in Derry Township (Pittsburgh East, PA Quadrangle N: 40°, 19`, 25.54"; W: 79°, 17`, 45.47").
Equitrans will report the project to Federal Energy Regulatory Commission (FERC) in is annual blanket activities report, as authorized under blanket construction certificate (FERC Docket No. CP96-532-000) dated October 20, 1998.
On April 26, 2019, Applicant requested a State water quality certification from the Pennsylvania Department of Environmental Protection (PADEP), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
In addition, the Applicant submitted a General Permit Registration Package, seeking acknowledgement from DEP, of the Applicant's use of General Permits No. 5, 8, and 11 [GP056500219-006, GP086500219-007, and GP11650219-006], to construct and maintain several utility line stream crossings, temporary road crossings, and to replace a utility line, respectively, in accordance with the Department's Chapter 105 rules and regulations.
On March 28, 2019, the Department received an application for an ESCGP-3 [File no. ESG-00-129-16-0001(1)] after it was deemed to complete by the Westmoreland County Conservation District.
The Project, as proposed, includes approximately 3.92 miles long, 20-inch-diameter pipeline for the purpose of replacing two sections of existing 1950s vintage bare steel natural gas transmission pipeline. The Project proposes to abandon the replacement sections of pipeline in-place, totaling approximately 3.85 miles. The Project, as proposed, will require approximately 43.4 acres of earth disturbance, and impacts to 1,664 linear feet of UNTs to Fourmile Run (WWF), UNTs to McGee Run (CWF), UNTs to Miller Fun (HQ-CWF), UNTs to Saxman Run (WWF), 3.66 acres of floodway, and temporary impacts to 0.29 acre of palustrine emergent wetland.
PADEP is proposing to issue a State water quality certification to Applicant for the Project that will require compliance with the following State water quality permitting programs, criteria and conditions established pursuant to State law to ensure the 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 PADEP National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with PADEP's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a PADEP Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—PADEP retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of PADEP 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 PADEP during such inspections of the Project.
7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the PADEP Regional Office of such intent. Notice to PADEP shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to PADEP concerning this State Water Quality Certification shall be addressed to Department of Environmental Protection, Dana Drake, P.E., Program Manager, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
9. Reservation of Rights—PADEP may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. PADEP may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
10. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
11. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Prior to issuance of the final State water quality certification, PADEP will consider all relevant and timely comments, suggestions or objections submitted to PADEP within 30 days of this notice. Comments should be directed to Dana Drake, P.E., Waterways and Wetlands Program Manager at the above address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). 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.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
Request for an Informal Conference Hanson Aggregates Pennsylvania, LLC, Midland and McQuiston Mines, Surface Mining Permit Nos. 3174SM14 and 37960301, North Beaver Township, Lawrence County: Knox District Mining Office has received a request for an informal conference concerning the transfer applications for the Midland and McQuiston Mines. An informal conference has been scheduled for August 6, 2019 from 10:00 am to 12:00 pm at the Knox District Mining Office, 310 Best Avenue, Knox, PA. A brief informational overview provided by Hanson Aggregates Pennsylvania, LLC will begin at 9:30 am. A copy of the application, plans, and other data concerning the permit are available at the Lawrence County Conservation District, 430 Court Street, New Castle, PA 16101 and at the Knox District Mining Office during regular business hours of 8:00 am to 4:00 pm, Monday through Friday.
APPLICATION FOR AN EROSION AND SEDIMENT CONTROL PERMIT FOR EARTH DISTURBANCE ACTIVITIES ASSOCIATED WITH OIL AND GAS EXPLORATION, PRODUCTION, PROCESSING OR TREATMENT OPERATIONS OR TRANSMISSION FACILITIES
National Fuel Gas Supply Corporation,
FM100 PipelineESG060001190001. National Fuel Gas Supply Corporation (Applicant), 6363 Main Street, Williamsville, NY 14221. FM100 Brockway Modernization (Project), in Snyder Township, Jefferson County and Horton Township, Elk County, ACOE Pittsburgh District. The proposed project starts at the interconnection/tie-in at the existing National Fuel FM100 Line along Longwell Rd, approximately 1.5 mile north of SR 28 (Sabula, PA Quadrangle N: 41.265491°; W: 78.866349°) Snyder Township, Jefferson County, extending generally south and east crossing through a portion of Horton Township, Elk County, to where it terminates at the existing FM100 tie in (Carman, PA Quadrangle N: 41.221231°; W: 78.699183°) in Horton Township, Elk County.
In April 2019, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking blanket authorization prior notice filing to construct and operate its Project (FERC Docket No. CP19-220-000). The FERC documents may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP19-220-000).
On April 3, 2019, Applicant requested a state water quality certification from the Pennsylvania Department of Environmental Protection (PADEP), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
Today's Pennsylvania Bulletin includes notices for Erosion and Sediment Control Permit (ESG0600019001) and Chapter 105 Joint Permits (E2406219-001, E3306219-001) applications and 401 Water Quality Certification (WQ3306219) for the Project which are currently under review by the PADEP.
The Project, as proposed is to modernize approximately 9.715 miles of existing steel pipeline replacing it with 12-inch coated steel pipeline from [N: 41.265491° W: 78.866349 to N: 41.221231°; W: 78.699183°] adjacent to the old pipeline with a small area of new ROW to maintain gas service to National Fuels customers. The project also included the construction of approximately 0.40 mile of 6-inch steel pipeline lateral to connect the newly installed pipeline to an existing station in Snyder Township, Jefferson County and the installation of a mainline block valve and above ground equipment. Pipeline work also includes numerous temporary access roads and staging areas to support construction and facility access. Numerous stream and wetland crossings will occur along the project route as described below.
The Project, as proposed, will require approximately 128.3 acres of earth disturbance in Jefferson and Elk, the crossing of 25 streams (including floodways of streams not crossed by the pipeline) resulting in 1,830 linear feet of temporary impact and 248 linear feet of permanent impacts to the following surface waters: Rattlesnake Creek (HQ-CWF) and tributaries; Mill Creek (CWF) and tributaries; Beaver Meadow Run (EV) and tributaries, tributaries to Crooked Creek (HQ-CWF), tributaries to Conneaut Creek (CWF), Curry Run; tributaries to Little Toby Creek (CWF); and two ponds; 2.42 acres of temporary wetland impact; .14 acre of permanent wetland impacts. All crossings will be installed by open trench, with the exception of Beaver Meadow Run, which will be installed by conventional bore.
For more detailed information regarding the Erosion and Sediment Control Permit related to this proposed project, which is available in the DEP Regional Office, please contact Lori Boughton at 814-332-6879 to request a file review.
[Pa.B. Doc. No. 19-1144. Filed for public inspection July 26, 2019, 9:00 a.m.]
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