[49 Pa.B. 5579]
[Saturday, September 28, 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
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
33080108. P. and N. Coal Co., Inc. (P.O. Box 332, Punxsutawney, PA 15767). Renewal of an existing bituminous surface and auger mine in Porter Township, Jefferson County affecting 457.8 acres. This renewal is issued for reclamation only. Receiving streams: Unnamed tributaries to Hamilton Run and Hamilton Run, and Sugarcamp Run. Application received: May 28, 2019. Permit issued: August 29, 2019.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
17050107. Rosebud Mining Company (301 Market Street, Kittanning, PA 16201). Permit renewal for reclamation only of a bituminous surface coal and auger mine located in Girard Township, Clearfield County affecting 209.6 acres. Receiving stream(s): Unnamed Tributaries to Little Surveyor Run and Unnamed Tributary to Surveyor Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: May 1, 2019. Permit issued: September 6, 2019.
17803023 and NPDES PA0128198. EnerCorp, Inc. (1310 Allport Cutoff, Morrisdale, PA 16858). Permit renewal for continued postmining treatment system on a bituminous surface coal mine located in Cooper Township, Clearfield County affecting 14.2 acres. Receiving stream(s): Basin Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: October 11, 2018. Permit issued: September 6, 2019.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54830107R7. Selkirk Enterprises, LLC (10 Gilberton Road, Gilberton, PA 17934), renewal of an existing anthracite surface mine and coal refuse reprocessing operation in Branch and Reilly Townships, Schuylkill County affecting 2,063.8 acres, receiving stream: West Branch Schuylkill River. Application received: January 15, 2019. Renewal issued: September 10, 2019.
Permit No. 54830107C6. Selkirk Enterprises, LLC (10 Gilberton Road, Gilberton, PA 17934), correction to update the post-mining land use of an existing anthracite surface mine and coal refuse reprocessing operation in Branch and Reilly Townships, Schuylkill County affecting 2,063.8 acres, receiving stream: West Branch Schuylkill River. Application received: January 15, 2019. Correction issued: September 10, 2019.
Permit No. PAM116023R. Selkirk Enterprises, LLC (10 Gilberton Road, Gilberton, PA 17934), renew coverage under the General NPDES Permit for Stormwater Discharges Associated With Mining Activities (BMP GP-104) on Surface Mining Permit No. 54830107 in Branch and Reilly Townships, Schuylkill County, receiving stream: West Branch Schuylkill River. Application received: January 15, 2019. Renewal issued: September 10, 2019.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 6875SM1, New Enterprise Stone & Lime Co., Inc., 3912 Brumbaugh Road, New Enterprise, PA 16664, commencement, operation and restoration of a large noncoal (industrial minerals) mine to revise the existing permit to include a request to place Reclamation Fill within the permit area, located in Derry Township, Mifflin County, affecting 67.6 acres. Receiving stream: unnamed tributary to Kishacoquillas Creek, classified for the following uses: Trout Stocked Fishes, Migratory Fishes. The first downstream potable water supply intake from the point of discharge is Fairview Water Association source 001, 6.25 mi, site ID 796441. Application received: January 25, 2019. Permit issued: September 13, 2019.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
24072802. James DeLullo (1247 Million Dollar Highway, Kersey, PA 15846). Final bond release for a small industrial minerals surface mine in Fox Township, Elk County. Restoration of 2.0 acre completed. Receiving streams: An unnamed tributary to Elk Creek to Laurel Run. Application Received: August 2, 2019. Final bond release approved: September 6, 2019.
16060808. Eagle Contracting, Inc. (306 Main Street, Clarion, PA 16214). Final bond release for a small industrial minerals surface mine in Highland Township, Clarion County. Restoration of 1.0 acre completed. Receiving streams: An unnamed tributary to the Clarion River. Application Received: August 7, 2019. Final bond release approved: September 9, 2019.
PAM613018. Ray Showman Jr. Excavating, Inc. (P.O. Box 646, Waterford, PA 16441). Renewal of coverage under General NPDES Permit for stormwater discharges (BMP GP-104) associated with mining activities on Surface Mining Permit No. 25820301 in McKean Township, Erie County. Receiving streams: Unnamed tributary to Elk Creek. Application received: July 17, 2019. Permit Issued: August 29, 2019.
PAM614012. Raducz Stone Corporation (313 Pittsburgh Road, Butler, PA 16002). Renewal of coverage under General NPDES Permit for stormwater discharges (BMP GP-104) associated with mining activities on Surface Mining Permit No. 10040301 in Penn Township, Butler County. Receiving streams: Unnamed tributary to Thorn Creek. Application received: July 5, 2019. Permit Issued: August 29, 2019.
PAM619008. Original Fuels, Inc. (P.O. Box 343, Punxsutawney, PA 15767). Coverage under General NPDES Permit for stormwater discharges (BMP GP-104) associated with mining activities on Surface Mining Permit No. 33082802 in Ringgold Township, Jefferson County. Receiving streams: Unnamed tributary to Pine Run. Application received: September 4, 2019. Permit Issued: September 10, 2019.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
1474301 and NPDES No. PA0220248. Graymont (PA) Inc. (375 Graymont Road, Bellefonte, PA 16823). Revise NPDES permit, reduce mining acres from 1,110.3 to 1,082.0, new bond authorization, and change in postmining on an existing large noncoal surface mine in Spring Township, Centre County affecting 1,082.0 acres. Receiving stream(s): Logan Branch classified for the following use(s): CWF. Application received: May 21, 2018. Permit issued: September 3, 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.
14194107. Douglas Explosives, Inc. (2052 Philipsburg Bigler Highway, Philipsburg, PA 16866). Blasting for residential development, Nittany Glen Phase 5, located in Benner Township, Centre County with an expiration date of September 1, 2020. Permit issued: September 12, 2019.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 15194105. Maine Drilling & Blasting, Inc. (P.O. Box 1140, Gardiner, ME 04345), construction blasting for 80 Park Avenue in Elverson Borough, Chester County with an expiration date of August 30, 2020. Permit issued: September 10, 2019.
Permit No. 15194106. Rock Work, Inc. (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Woodbine Apartment Complex in Downingtown Borough, Chester County with an expiration date of September 30, 2020. Permit issued: September 10, 2019.
Permit No. 15194107. Maine Drilling & Blasting, Inc. (P.O. Box 1140, Gardiner, ME 04345), construction blasting for To Jo Mushroom Farm in Elk Township, Chester County with an expiration date of September 6, 2020. Permit issued: September 10, 2019.
Permit No. 23194109. Brubacher Excavating, Inc. (825 Reading Road, Bowmansville, PA 17507), construction blasting for the Franklin Mint in Middletown Township, Delaware County with an expiration date of September 3, 2020. Permit issued: September 10, 2019.
Permit No. 46194113. Maine Drilling & Blasting, Inc. (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Ragusa Development in Lower Frederick Township, Montgomery County with an expiration date of August 30, 2020. Permit issued: September 10, 2019.
Permit No. 06194119. J Roy's, Inc. (P.O. Box 125, Bowmansville, PA 17507), construction blasting for Harvest Development in Ontelaunee Township, Berks County with an expiration date of September 3, 2020. Permit issued: September 11, 2019.
Permit No. 38194112. Douglas Explosives, Inc. (2052 Philpsburg Bigler Highway, Philipsburg, PA 16866), construction blasting for Springwood Commons in North Cornwall and North Londonderry Townships, Lebanon County with an expiration date of September 1, 2020. Permit issued. September 11, 2019.
Permit No. 46194114. Rock Work, Inc. (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Squires Ridge in Springfield Township, Montgomery County with an expiration date of September 30, 2010. Permit issued: September 12, 2019.
Permit No. 48194111. Brubacher Excavating, Inc. (825 Reading Road, Bowmansville, PA 17507), construction blasting for Nancy Run in Bethlehem Township, Northampton County with an expiration date of September 3, 2020. Permit issued: September 12, 2019.
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 Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E3603219-001: Brandon Wiggins, 229 West State Street, Quarryville, PA 17566 in Eden Township, Lancaster County, U.S. Army Corps of Engineers Baltimore District.
To construct and maintain a 50-foot long by 16-foot wide steel beam timber bridge that crosses a UNT to Bowery Run (HQ-CWF, MF). The bridge will include wing-walls and rip-rap streambank protection. The bridge structure will account for approximately 384-square feet of permanent stream channel impacts, the wing-walls, bridge approaches and grading will account for approximately 1,250 square feet of permanent floodway impacts and the rip-rap streambank protection will account for approximately 725 square feet of permanent stream channel impacts. The project location is approximately 0.5 mile NW of the intersection of Bushong Rd. and Dry Wells Rd. (T-389) (Gap, PA Quadrangle; (Latitude: 39.9012930), (Longitude: -76.112551)) in Eden Township, Lancaster County. The purpose of the project is to provide access to a landlocked, wooded parcel. No wetlands will be impacted by this project. The permit was issued on September 11, 2019.
E0703219-002: Martinsburg Municipal Authority, 110 South Walnut Street, Martinsburg, PA 16662 in North Woodbury & Taylor Townships, Martinsburg Borough, Blair County, U.S. Army Corps of Engineers Baltimore District.
To install and maintain (1) a 8-inch PVC sanitary sewer main and 2-inch PVC water line impacting 30 linear feet of UNT to Plum Creek (WWF, MF) stream and its floodway, (2) a 8-inch PVC sanitary sewer main and 2-inch PVC water line impacting 0.02 acre of Exceptional Value (EV) Palustrine Emergent (PEM) Wetland, (3) 4-inch PVC sanitary sewer force main impacting 20 linear feet of UNT to Plum Creek (WWF, MF) stream and its floodway, (4) a 4-inch PVC sanitary sewer force main impacting 0.05 acre of EV PEM wetland, (5) a 4-inch PVC sanitary sewer force main impacting 20 linear feet of UNT to Plum Creek (WWF, MF) stream and its floodway and impacting 0.02 acre of EV PEM Wetland, (6) a 4-inch PVC sanitary sewer force main impacting 30 linear feet of UNT to Plum Creek (WWF, MF) stream and its floodway and impacting 0.05 acre of EV PEM wetland, and (7) a sanitary sewer pump station permanently impacting 0.01 acre of floodway of a UNT to Plum Creek (WWF, MF), all for the purpose of extending an existing sewer lateral to provide sewer service to a residential development. The project is located from Towns Edge Way to Mansard Street (Martinsburg PA Quad), beginning at Latitude: 40.323400, Longitude: -78.343390 and ending at Latitude: 40.318648, Longitude: -78.334437 in Martinsburg Borough, Taylor Township, and North Woodbury Township Blair County. No compensatory wetland mitigation required because wetland loss proposed. The permit was issued on September 11, 2019.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E18-511: UGI Utilities Inc., Chapman Township, Clinton County, U.S. Army Corps of Engineers Baltimore District (Renovo East Quadrangle; Latitude 41° 22` 14" N; 77° 42` 3" W).
The applicant will install approximately 2,450 linear feet of 8" PE3408 medium pressure gas main by direct burial method within public and private right-of-way along Little Italy Rd and Right Hand Young Woman's Creek Rd. The new gas main will replace existing 6" and 8" steel gas main pipeline, which will be properly abandoned in place per Township Requirements. The pipeline will permanently impact 2,130 square feet and temporarily impact 2,040 square feet of Left Branch Young Woman's Creek (EV, MF).
Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, Waterways and Wetlands Program Manager, 412-442-4000.
E02-1791, Thomas and Tracy Landau, 751 Pearce Mill Road, Wexford, PA 15090, Pine Township, Allegheny County, Pittsburgh ACOE District.
Has been given consent to:
1. Construct and maintain a 126-linear foot 18" HDPE pipe stream enclosure conveying an Unnamed Tributary to North Fork Pine Creek (CWF);
2. Construct and maintain a 110-linear foot open channel conveying an Unnamed Tributary to North Fork Pine Creek (CWF);
3. Relocate 256-linear feet within the above-mentioned stream enclosure and open-channel;
4. Repair the existing culvert section beneath the existing private drive through the construction of the above-mentioned stream enclosure;
5. Place and maintain R-4 rip-rap outlet protection within the floodway of North Fork Pine Creek (CWF).
For the purpose of providing accelerated erosion protection currently occurring on the applicant's property and to maintain a safe means of access to use their home. The project will permanently impact 256-linear feet of stream channel and 0.03 acre of floodway. Stream restoration is proposed on a 110-linear foot segment of the on-site relocated stream channel and 160-linear foot on an off-site watercourse for the impacts associated with the project. The project is located on Pearce Mill Road approximately 3.9 miles from the intersection with PA-910E/Wexford Bayne Road (Mars USGS Topographic Quadrangle, Latitude 40° 38` 19"; Longitude -80° 1` 39"; Sub-basin 18-A; Pittsburgh Corps District) in Pine Township, Allegheny County.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA 17701.
E5929-083: Eclipse Resources—PA, LP, 2121 Old Gatesburg Road, State College, PA 16803 Gaines Township, Tioga County, ACOE Baltimore District.
To construct, operate, and maintain:
1) An intake structure, intake waterline, bank stabilization, and access road impacting 188 feet of Pine Creek (EV), 94,419 square feet of floodway, and 399 square feet of an exceptional value palustrine (EV-PEM) wetland (Marshlands, PA Quadrangle 41° 44` 58"N, 77° 33` 44"W);
2) An 18 inch diameter waterline, a 3 inch diameter airline, a temporary road crossing using timber mats, and two electric utility poles impacting 32,237 square feet of an exceptional value palustrine (EV-PEM) wetland (Marshlands, PA Quadrangle 41° 44` 59"N, 77° 33` 47"W);
3) An 18 inch diameter waterline and a 3 inch diameter airline impacting 76 linear feet of an unnamed tributary to Pine Creek (EV) and 3,263 square feet of an exceptional value palustrine emergent (EV-PEM) wetland (Marshlands, PA Quadrangle 41° 44` 57"N, 77° 33` 58"W);
4) An 18 inch diameter waterline, a 3 inch diameter airline, and a temporary road crossing using timber mats impacting 1,032 square feet of an exceptional value palustrine (EV-PEM) wetland (Marshlands, PA Quadrangle 41° 44` 57"N, 77° 34` 00"W);
5) An 18 inch diameter waterline, a 3 inch diameter airline, a temporary road crossing using timber mats impacting 1,845 square feet of an exceptional value palustrine (EV-PEM) wetland (Marshlands, PA Quadrangle 41° 44` 59"N, 77° 34` 02"W);
6) An 18 inch diameter waterline, a 3 inch diameter airline, a temporary road crossing using timber mats impacting 721 square feet of an exceptional value palustrine (EV-PEM) wetland (Marshlands, PA Quadrangle 41° 44` 57"N, 77° 34` 07"W);
7) An temporary timber mat bridge impacting 668 square feet of an exceptional value palustrine (EV-PEM) wetland (Marshlands, PA Quadrangle 41° 45` 00"N, 77° 34` 08"W);
8) An 18 inch diameter waterline, a 3 inch diameter airline, a temporary road crossing using timber mats impacting 1,162 square feet of an exceptional value palustrine (EV-PEM) wetland (Sabinsville, PA Quadrangle 41° 45` 02"N, 77° 34` 09"W);
9) An 18 inch diameter waterline, a 3 inch diameter airline, a temporary road crossing using timber mats impacting 2,583 square feet of an exceptional value palustrine (EV-PEM) wetland (Sabinsville, PA Quadrangle 41° 45` 04"N, 77° 34` 09"W).
The project will result in 188 linear feet of permanent stream impacts, 76 linear feet of temporary stream impacts, 399 square feet (0.01 acre) of permanent wetland impacts, 43,511 square feet (1.00 acre) of temporary wetland impacts, and 94,419 square feet of floodway impacts along Pine Creek for permanent access road all for the purpose of installing and maintaining a waterline and intake structure in Gaines Township, Tioga County.
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Waterways & Wetlands Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
EA363219-002: Manheim Township, 1840 Municipal Drive, Lancaster, PA 17601 in Manheim Township, Lancaster County, U.S. Army Corps of Engineers Baltimore District.
For the regrading and maintenance of 1.) 1,137 feet of Landis Run (WWF, MF) including the construction of floodplain benches on both sides of the watercourse; and 2.) 35 feet of an unnamed tributary to Landis Run (WWF, MF), impacting 0.02 acre of palustrine emergent wetlands, all for the purpose of reducing sediment and nutrient loading to the streams. The project is located approximately 0.14 mile west of the intersection of East Delp Road and Valleybrook Drive (Latitude: 40.08904° N; Longitude: 76.29040° W) in Manheim Township, Lancaster County. No wetland loss is proposed, and replacement is not required. The permit was issued on September 10, 2019.
EA363219-004: Manheim Township, 1840 Municipal Drive, Lancaster, PA 17601 in Manheim Township, Lancaster County, U.S. Army Corps of Engineers Baltimore District.
For the regrading and maintenance 1.) 1,065 feet of an unnamed tributary to the Conestoga River (WWF, MF) including the construction of floodplain benches on both sides of the watercourse; and 2.) 45 feet of an unnamed tributary to the Conestoga River (WWF, MF), all for the purpose of reducing sediment and nutrient loading to the streams. The project is located near the intersection of Oregon Boulevard and Edgemoor Court (Latitude: 40.00635° N; Longitude: 76.2831° W) in Manheim Township, Lancaster County. No wetlands will be impacted by this project. The permit was issued on September 10, 2019.
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.
Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-3 # ESG076319001-00
Applicant Name Range Resources Appalachia, LLC
Contact Person Karl Matz
Address 3000 Town Center Blvd
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Chartiers Township
Receiving Stream(s) and Classification(s) Chartiers Run (WWF-Siltation Impaired) and UNT to Chartiers Run (WWF-Siltation Impaired)ESCGP-3 # ESX17-003-0006
Applicant Name Huntley & Huntley Energy Exploration, LLC
Contact Person Kyle Shirey
Address 501 Technology Drive, Suite 1200
City, State, Zip Canonsburg, PA 15317
County Allegheny
Township(s) Elizabeth Township
Receiving Stream(s) and Classification(s) Tributaries 37522 and 37521 to Douglas Run, Douglas Run, Tribu-
taries 37544 and 37545 to Pollock Run, Pollock Run, Youghiogheny River (WWF)ESCGP-3 # ESX12-125-0063
Applicant Name Range Resources Appalachia, LLC
Contact Person Karl Matz
Address 3000 Town Center Blvd
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Jefferson Township
Receiving Stream(s) and Classification(s) UNT to North Fork Cross Creek (WWF)Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-3 # ESG290819015-00
Applicant Name Appalachia Midstream Services, LLC
Contact Person Scott Kinter
Address 30351 Route 6
City, State, Zip Wysox, PA 18854
County Bradford
Township(s) Standing Stone Twp.
Receiving Stream(s) and Classification(s) UNT to Rum-
merfield Creek (WWF, MF), Rummerfield Creek (WWF, MF), UNT to Susquehanna River (WWF, MF)
Secondary: Susquehanna River (WWF, MF)ESCGP-3 # ESG295819018-00
Applicant Name SWN Production Company, LLC
Contact Person Afton Sterling
Address 917 State Route 92 North
City, State, Zip Tunkhannock, PA 18657
County Susquehanna
Township(s) Great Bend and New Milford Twps.
Receiving Stream(s) and Classification(s) Deacon Brook (CWF, MF) and an unnamed tributary thereto
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.
Bills Auto, 51-39840, 1952 Bryn Mawr Ave., City of Philadelphia. Envirosure, Inc., 319 South High Street, First Floor, West Chester, PA 19382, on behalf of FJ Acquisitions, LLC, 417 South Street, Suite 17, Philadelphia, PA 19131, 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 Residential Site-Specific Standards.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Sunoco Station (0003-7077), Storage Tank Facility ID # 36-60264, 1750 Oregon Pike, Lancaster, PA 17601, Lancaster City, Lancaster County, Mulry and Cresswell Environmental, Inc., 1679 Horseshoe Pike, Glenmoore, PA 19343 on behalf of Evergreen Resources Group, LLC, 2 Righters Parkway, Suite 120, Wilmington, DE 19803, submitted a 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 Statewide Health Standard and the Site-Specific Standard.
Northcentral Region: Environmental Cleanup & Brownfields Program Manager, 208 West Third Street, Williamsport, PA 17701.
Kwik Fill Station # M-108, Storage Tank Facility ID # 17-14820, 102 Race Street, City of Clearfield, Clearfield County. Groundwater & Environmental Services, Inc., 301 Commerce Park Dr, Cranberry Township, PA 16066, on behalf of United Refining Company of PA, 814 Lexington Ave, Warren, PA 16365, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with unleaded gas. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Turkey Hill Minit Market Store # 184, Storage Tank Facility ID # 49-71058, 140 W. Lincoln St, City of Shamokin, Northumberland County. McKee Environmental, Inc., 145 Exeter Lane, Bellefonte, PA 16823, on behalf of Turkey Hill Minit Markets, 257 Centreville Rd, Lancaster, PA 17872, submitted a Remedial Action Completion Report concerning remediation of soil contaminated with unleaded gas. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Chestnut and Line Street, Storage Tank Facility ID # 60-13411, 29 East Chestnut St, Mifflinburg Borough, Union County. Synergy Environmental, Inc., 155 Railroad Plaza, 1st FL, Royersford, PA 19468, on behalf of CrossAmerica Partners, LP, 600 Hamilton St, Ste 500, Allentown, PA 18101, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with motor fuel. The plan is intended to document the remedial actions for meeting the Residential Statewide Health Standard.
Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Beard's Auto Center, Storage Tank Primary Facility ID # 63-09745, 1464 Park Avenue, City of Washington, Washington, PA 15301. Letterle and Associates, Inc., 2859 Oxford Boulevard, Allison Park, PA 15101, on behalf of Coen Markets, Inc., 1000 Philadelphia Street, Canonsburg, PA 15317, submitted a Revised Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The plan is intended to document remediation of the site to meet the Site-Specific Standard.
Mike and Rob's Sunoco, Storage Tank Primary Facility ID # 02-38345, 140 Miller's Run Road, Bridgeville, PA 15017. South Fayette Township, Allegheny County. CORE Environmental Services, Inc., 3960 William Flinn Highway, Suite 100, Allison Park, PA 15101, on behalf of Mike and Sharon Chabile, 140 Millers Run Road, Bridgeville, PA 15017, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The plan is intended to document remediation of the site to meet the Site-Specific Standard.
PDQ Mart, Storage Tank Primary Facility ID # 04-32111, 1203 Gringo Road, Aliquippa, PA 15001. Hopewell Township, Beaver County. Letterle and Associates, Inc., 2859 Oxford Boulevard, Allison Park, PA 15101, on behalf of Art Paulus, 141 Ridgewood Drive, Freedom, PA 15042, submitted a Revised Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The plan is intended to document remediation of the site to meet the Site-Specific Standard.
Ligonier Quick G's, Storage Tank Primary Facility ID # 65-12446, 626 West Main Street, Ligonier, PA 15658. Ligonier Township, Westmoreland County. CORE Environmental Services, Inc., 3960 William Flinn Highway, Suite 100, Allison Park, PA 15101, on behalf of CRA Corporation, P.O. Box 216, Johnstown, PA 15907, submitted a Revised Remedial Action Plan and Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document the remedial actions for meeting the Residential Statewide Health Standard for soil and the Site-Specific Standard for groundwater.
7-Eleven Store No. 36185, Storage Tank Primary Facility ID # 02-80289, 2269 Noblestown Road, Pittsburgh, PA 15205. City of Pittsburgh, Allegheny County. AECOM, 625 West Ridge Pike, Suite E-100, Conshohocken, PA 19428, on behalf of 7-Eleven, Inc., 3200 Hackberry Road, P.O. Box 711, Dallas, TX 75221, submitted a Revised Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The plan is intended to document the remediation of soil and groundwater for meeting the Residential Statewide Health Standard for soil and the Site-Specific Standard for groundwater.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Hilltop Mini Mart, Storage Tank Facility ID # 10-91376, 285 Chicora Road, Butler, PA 16001, Oakland Township, Butler County. Applied Geology and Environmental Science, Inc., 2402 Hookstown Grade Road, Suite 200, Clinton, PA 15026, on behalf of Hilltop Mini Mart and Source One Transportation, LLC, 200 Speers Road, Belle Vernon, PA 15012, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, ethylbenzene, toluene, xylenes, isopropylbenzene, methyl tertiary butyl ether, trimethylbenzenes, naphthalene. The plan is intended to document the remedial actions for meeting the Statewide Health Standards.
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:
Southeast Region: Environmental Cleanup & Brownfields Program Manager, 2 East Main Street, Norristown, PA 19401.
Monroe Energy, 23-41511, Monroe Energy, LLC, 4101 Post Road, Trainer, PA 19061, Trainer Borough, Delaware County. Advantage Engineers, 435 Independence Avenue, Suite C, Mechanicsburg, PA 17055, on behalf of Monroe Energy, LLC, 4101 Post Road, Trainer, PA 19061 submitted a Site Characterization Report 310(b) concerning remediation of soil contaminated with crude oil. The Site Characterization Report 310(b) demonstrated attainment of the Statewide Health Standard and was approved by DEP on September 11, 2019.
Northeast Region: Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
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 Remedial Action Plan was acceptable to meet Statewide Health Standards and was approved by DEP on September 11, 2019.
Lamont's Service Station, Storage Tank ID # 40-50622, 798 West 15th Street, Hazleton City, Luzerne County. LaBella Associates, 1000 Dunham Drive, Suite B, Dunmore, PA 18512, on behalf of Robert Lamanna, 104 Skyline Drive North, Clarks Summit, PA 18411, has submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with gasoline. The Remedial Action Plan was acceptable to meet Statewide Health Standards and was approved by DEP on September 16, 2019.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Sheetz Store # 116, Storage Tank Primary Facility ID # 28-29531, 215 West Baltimore Street, Greencastle, PA 17225, Greencastle Borough, Franklin County, EnviroTrac, Ltd., 176 Thorn Hill Road, Warrendale, PA 15086, on behalf of Sheetz, Incorporated, 351 Sheetz Way, Claysburg, PA 16625, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum constituents. The Remedial Action Completion Report did not demonstrate attainment of a combination of Statewide Health Standard and Site-Specific Standard and was approved by the Department on September 5, 2019.
Turkey Hill Store # 031, Storage Tank Primary Facility ID # 06-08674, 2240 Hampden Boulevard, Reading, PA 19604, Reading City, Berks County, Keystone Environmental Health and Safety Services, Inc., 1111 12th Avenue, Altoona, PA 16601, submitted a Remedial Action Completion Report concerning the remediation of soil contaminated with unleaded gasoline petroleum constituents. The Remedial Action Completion Report demonstrated the attainment of the Residential Statewide Health Standard and was approved by the Department on September 9, 2019.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Prima Store 5175, Storage Tank Facility ID # 32-20079, 401 Philadelphia Street, Indiana, Indiana County. Core Environmental Services Inc., 3960 William Flynn Highway, Allison Park, PA 15101-3603, on behalf of Prima Marketing, LLC, c/o Paragon Consulting Group, LLC, 1103 Oak Park Drive, Suite 110, Fort Colling, CO 80525, submitted a Remedial Action Plan on June 3, 2019, concerning the remediation of soil and groundwater contaminated with benzene, toluene, ethyl benzene, xylenes, cumene, methyl tert-butyl ether, naphthalene, 1,2,4 trimethyl benzene, and 1,3,5 trimethyl benzene. The Remedial Action Plan was not acceptable to meet the Statewide Health Standards for soil and Site-Specific Standards for groundwater and was disapproved by DEP on August 29, 2019.
McKitten Service Station, Storage Tank Facility ID # 10-90308, 527 State Route 422 East, Butler, PA 16001, Summit Township, Butler County. Core Environmental Services, Inc., 4068 Mount Royal Boulevard, Allison Park, PA 15101, on behalf of Mr. Owen Osterling, 686 Glenwood Way, Butler, PA 16001, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with benzene, toluene, ethylbenzene, naphthalene, cumene, total xylenes, and methyl tert-butyl ether. The Remedial Action Completion Report demonstrated attainment of the Site-Specific Standard and was approved by DEP on September 3, 2019.
Lakeshore Service, Storage Tank Primary Facility ID # 25-90482, 5434 West Lake Road, Millcreek Township, Erie County. Environmental Remediation and Recovery, Inc., 4250 Route 6N, Edinboro, PA 16412, on behalf of Diamond Design Construction, 2503 Peach Street, Erie PA 16502, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with benzene, ethylbenzene, cumene, methyl tertiary butyl ether (MTBE), naphthalene, toluene, and xylenes. The Remedial Action Completion Report demonstrated attainment of the Site-Specific Standard and was approved by DEP on September 11, 2019.
Faulkner's Country Market, Storage Tank Facility ID # 25-90487, 13580 Routes 8 & 89, Venango Township, Erie County. ATC Group Services, LLC, 270 William Pitt Way, Pittsburgh, PA 15238, on behalf of Howard Faulkner, 13580 Routes 8 & 89, Wattsburg, PA 16442, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with benzene, ethylbenzene, cumene, methyl tertiary butyl ether, naphthalene, toluene, xylenes, 1,2,4-trimethylbenzene, 1,3,5-trimethylbenzene, 1,2-dibromomethane, 1,2-dichloroethane, and lead. The Remedial Action Completion Report demonstrated attainment of the Statewide Health Standard and was approved by DEP on September 16, 2019.
SPECIAL NOTICES
PUBLIC NOTICE OF APPLICATION AND DRAFT STATE WATER QUALITY CERTIFICATION FOR A FERC REGULATED PIPELINE PROJECT
Proposed State Water Quality Certification Required by the Commonwealth of Pennsylvania, Department of Environmental Protection
Pursuant to Section 401 of the Clean Water Act for the Leidy South Project Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
WQ0083219-001, Transcontinental Gas Pipe Line Company, LLC (Transco) (Applicant), 2800 Post Oak Boulevard, Level 11, Houston, TX 77056. Leidy South Project (Project), in Chapman Township and Leidy Township, Clinton County; Jorden Township, Lycoming County; Clinton Township, Wyoming County; Fairmount Township, Luzerne County; Orange Township and Jackson Township, Columbia County; and Hegins Township, Schuylkill County, ACOE Baltimore District. The pipeline portion of this proposed project starts at the Leidy Hub in Clinton County (Latitude: 41.429722°; Longitude: -77.847892°) and proceeds discontinuously to an existing valve near Hilltop Lane (Latitude: 41.365753°; Longitude: -77.674233°), with another section continuing from State Road 2079 in Lycoming County (Latitude: 41.253964°; Longitude: 76.528692°) to the Lycoming County line near Route 118 (Latitude: 41.267467°; Longitude: 76.463275°). The project also includes: the new Compressor Station 607 in Luzerne County (Latitude: 41.299705°; Longitude: -76.22439°); the new Compressor Station 620 in Schuylkill County (Latitude: 40.676298°; Longitude: -76.473615°, no resource impacts); modifications to Compressor Station 610 in Columbia County (Latitude: 41.105032°; Longitude: -76.449796°, no resource impacts); modifications to Compressor Station 605 in Wyoming County (Latitude: 41.577222°; Longitude: -75.804444°, no resource impacts and no earth disturbance); and several pipe yards.
On July 31, 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 a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP19-494). The FERC Environmental Assessment for the Project, when available, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP19-494).
On August 23, 2019, Applicant requested a State water quality certification (SWQC) 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 consistent with the requirements of State law and the Clean Water Act.
The Project, as proposed, includes approximately 8.7-mile-long, 36-inch discontinuous pipeline, 3.5-mile-long, 42-inch pipeline, two new compressor stations, modifications at two existing compressor stations, and associated ancillary facilities to transport natural gas from northern and western Pennsylvania to Transco's Zone 6, which includes portions of Pennsylvania, New York, New Jersey, and Maryland. The Project, as proposed, will require approximately 412.2 acres of earth disturbance, and impacts to 1,391 linear feet of UNT to Little Muncy Creek (EV, MF), Buck Run (EV, MF), West Branch Little Muncy Creek (EV, MF), UNT to West Branch Little Muncy Creek (EV, MF), Post Hollow Run (EV, MF), UNT to Young Womans Creek (HQ-CWF, MF), Young Womans Creek (HQ-CWF, MF), UNT to Dark Hollow (EV, MF), UNT to Paddy Run (EV, MF), Paddy Run (EV, MF), UNT to Hensel Fork (EV, MF), Hensel Fork (EV, MF), UNT to Drury Run (EV, MF), and Drury Run (EV, MF), 5.01 acres of floodway, 2.89 acres of temporary PEM, PSS, and PFO wetland impacts, and 3.44 acres of PEM, PSS, and PFO permanent impacts.
PADEP, by this notice, is proposing to issue a SWQC to Transcontinental Gas Pipe Line Company, LLC for the Leidy South Project. PADEP is proposing to certify that construction, operation and maintenance of the Leidy South Project complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The PADEP is proposing to further certify that the construction, operation and Leidy South Project complies with Pennsylvania water quality standards and that the construction, operation and maintenance of the project will maintain and protect applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the project complies with the following PADEP water quality permitting programs, criteria and conditions established pursuant to Pennsylvania law:
1. Discharge of Hydrostatic Test Water—Applicant shall obtain and comply with a National Pollutant Discharge Elimination System (NPDES) permit(s) for the discharge of water from the hydrostatic testing of the pipeline associated with the Project pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), 25 Pa. Code Chapter 92a (relating to NPDES permitting, monitoring and compliance), and all other applicable regulations.
2. Erosion and Sediment Control and Stormwater Management—All projects proposing earth disturbance must implement best management practices (BMPs) to protect and maintain water quality pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and Storm Water Management Act (32 P.S. §§ 680.1—680.17), 25 Pa. Code Chapter 102 (relating to erosion and sediment control), and all other applicable regulations. Applicant shall obtain and comply with an Erosion and Sediment Control Permit(s) for earth disturbance associated with the Project as provided in 25 Pa. Code § 102.5.
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Water Obstruction and Encroachment Permit(s) for the construction, operation and maintenance of all stream and wetland crossings associated with the Project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), 25 Pa. Code Chapter 105 (relating to dam safety and waterway management), 25 Pa. Code Chapter 106 (relating to floodplain management) and all other applicable regulations.
4. Other Water Quality Requirements—Applicant shall obtain any other permits, authorizations or approvals required to construct, operate, and maintain the Project from any interstate or international agency as required by an interstate compact or international agreement that has established water quality standards applicable to surface waters of this Commonwealth, including wetlands.
5. Water Quality Monitoring—PADEP retains the right to specify additional studies or monitoring to ensure that water quality in the receiving waters associated with the Project is not adversely impacted by any operational and construction process that may be employed by Applicant.
6. Operation—Applicant shall properly operate and maintain at all times all Project facilities and systems of treatment and control (and related appurtenances) installed to achieve compliance with the terms and conditions of this SWQC and all required permits, authorizations and approvals. Proper operation and maintenance include 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 PADEP or the delegated County Conservation District to determine compliance with this SWQC, including all permits, authorizations or approvals which ensure the project shall maintain and protect State water quality standards as required by this SWQC. The Applicant shall provide a copy of this SWQC to an authorized representative conducting an inspection of the Project.
8. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project or any portion(s) thereof, the Applicant shall provide a copy of this SWQC and copies of any permits, authorizations or approvals obtained to comply with the SWQC 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 appropriate PADEP Office of such intent. Notice to PADEP 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 SWQC and any permits, authorizations and approvals obtained to comply with the SWQC. The new owner shall submit to PADEP a new application form for the SWQC and any permits, authorizations and approvals required to comply with the SWQC signed by the new owner.
9. Correspondence—All correspondence with and submittals to PADEP concerning this SWQC shall be addressed to Department of Environmental Protection, Regional Permit Coordination Office, Domenic Rocco, PE, Program Manager, 400 Market Street, Harrisburg, PA 17101, RA-EPREGIONALPERMIT@pa.gov.
10. Reservation of Rights—PADEP may modify, suspend, or revoke this SWQC if (i) PADEP becomes aware of new facts about the Project that warrant such action; or (ii) PADEP determines that the Applicant has not complied with the terms and conditions of this certification. PADEP may require additional measures to achieve compliance with any applicable law or regulation.
11. Other Laws—Nothing in this SWQC shall be construed to preclude the institution of any legal action or to relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable law or regulation.
12. Severability—The provisions of this SWQC are severable and should any provision of this SWQC be declared invalid or unenforceable, the remainder of this SWQC shall not be affected thereby.
Prior to issuance of the final SWQC, 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 Mr. Domenic Rocco, P.E., Program Manager, Regional Permit Coordination Office 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 of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.
Final State Water Quality Certification Required by Section 401 of the Clean Water Act for the Army Corps of Engineers for the Indian Rock Dam/Codorus Creek Flood Risk Management Maintenance Project Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Scott Williamson, 717-705-4802.
DEP File No.: WQ6703219-001. U.S. Army Corps of Engineers, Baltimore District. (''ACOE'' or ''Applicant''), 2 Hopkins Plaza, Baltimore, MD 21201-2930. Indian Rock Dam/Codorus Creek Flood Risk Management Maintenance Project in York City, York County (York, PA Quadrangles, From Lat: 39° 56` 52.81"; Long: -76° 44` 42.61" to Lat: 39° 59` 28.31"; Long: -76° 43` 24.58").
On April 15, 2019, ACOE 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 operation and maintenance of the Indian Rock Dam/Codorus Creek Flood Risk Management (FRM) Maintenance Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The project consists of floodwall replacement near Penn Street Bridge, masonry floodwall repairs near Market Street Bridge, riprap repair and installation near South Richland Avenue Bridge and drainage conduit maintenance, repair or abandonment throughout the FRM project.
DEP published notice of its proposed State water quality certification in the Pennsylvania Bulletin on May 18, 2019, 49 Pa.B. 2512 and received no comments from the public.
DEP hereby issues a Section 401 Water Quality Certification to ACOE for the Indian Rock Dam/Codorus Creek Flood Risk Management (FRM) Maintenance Project that will require compliance with the following State water quality permitting programs, criteria and conditions established pursuant to State law to ensure that the Indian Rock Dam/Codorus Creek Flood Risk Management (FRM) Maintenance Project does not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93:
1. Erosion and Sediment Control Permit—Applicant shall comply with PADEP's Chapter 102 Erosion and Sediment Control requirements 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).
2. 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.
3. Operation—Applicant shall at all times properly operate and maintain all FRM Maintenance 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 include adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
4. Inspection—The Indian Rock Dam/Codorus Creek Flood Risk Management Maintenance 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, or an authorized representative thereof, during such inspections of the Indian Rock Dam/Codorus Creek Flood Risk Management Maintenance Project.
5. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Indian Rock Dam/Codorus Creek Flood Risk Management Maintenance 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.
6. Correspondence—All correspondence with and submittals to PADEP concerning this State Water Quality Certification shall be addressed to Department of Environmental Protection, Southcentral Regional Office, Program Manager, Waterways and Wetlands, 909 Elmerton Avenue, Harrisburg, PA 17110.
7. 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.
8. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
9. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Any person aggrieved by this action may 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, 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 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.
[Pa.B. Doc. No. 19-1443. Filed for public inspection September 27, 2019, 9:00 a.m.]
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