[49 Pa.B. 850]
[Saturday, February 23, 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
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 32823005 and NPDES No. PA0607231. Blairsville Associates, P.O. Box 338, Blairsville, PA 15718, permit renewal for reclamation only of a bituminous surface and auger mine in Burrell and West Wheatfield Townships, Indiana County, affecting 367 acres. Receiving stream: unnamed tributary to Palmers Run classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: June 20, 2018. Permit issued: February 8, 2019.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
10120107 and NPDES No. PA0259403. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001) Renewal of an existing bituminous surface mine and associated NPDES permit in Donegal Township, Butler County affecting 194.1 acres. Receiving streams: Unnamed tributaries to Buffalo Creek and Buffalo Creek. Application received: September 18, 2018. Permit issued: February 6, 2019.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54950202C8. Gilberton Coal Company, (10 Gilberton Road, Gilberton, PA 17934), correction to update the post-mining land use of an existing anthracite coal refuse reprocessing and refuse disposal operation in Mahanoy Township, Schuylkill County affecting 148.0 acres, receiving stream: North Mahanoy Creek, classified for the following uses: cold water and migratory fishes. Application received: March 28, 2018. Correction issued: February 4, 2019.
Permit No. GP12-54793206. Reading Anthracite Company, (P.O. Box 1200, Pottsville, PA 17901), general operating permit to operate a coal preparation plant on Surface Mining Permit No. 54793206 in Mahanoy Township and Shenandoah Borough, Schuylkill County. Application received: May 4, 2018. Permit issued: February 8, 2019.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
20072801 and NPDES Permit No. PA0280623. R. Hunter, Inc. (15428 Sheets Road, Guys Mills, PA 16327) Revision to an existing small industrial mineral permit to add an NPDES permit in Steuben Township, Crawford County. Receiving streams: Muddy Creek. Application received: July 31, 2018. Permit issued: January 24, 2019.
42042804 and NPDES Permit No. PA0280658. Richard A. Powell (1423 West Kane Road, P.O. Box 252, Kane, PA 16735) Revision to an existing small industrial mineral permit to add an NPDES permit in Wetmore Township, McKean County. Receiving streams: Unnamed tributary to West Run. Application received: August 31, 2018. Permit issued: January 24, 2019.
37180301. Three Rivers Aggregates, LLC (1807 Shenango Road, New Galilee, PA 16141) Commencement, operation, and restoration of a large industrial minerals mine in Plain Grove Township, Lawrence County affecting 70.0 acres. Receiving streams: Taylor Run. There are no potable surface water supply intakes within 10 miles downstream. Application received: March 30, 2018. Permit issued: January 24, 2019.
37180301. Three Rivers Aggregates, LLC (1807 Shenango Road, New Galilee, PA 16141) Commencement, operation, and restoration of a large industrial minerals mine in Plain Grove Township, Lawrence County affecting 70.0 acres. Receiving streams: Taylor Run. There are no potable surface water supply intakes within 10 miles downstream. In conjunction with this approval, the Department is granting a 401 Water Quality Certification certifying that the approved activities will comply with the applicable provisions of sections 301—303, 306 and 307 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341) and will not violate applicable Federal and State water quality standards. Application received: March 30, 2018. Permit issued: January 24, 2019.
PAM618027. Three Rivers Aggregates, LLC (1807 Shenango Road, New Galilee, PA 16141) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 37180301 in Plain Grove Township, Lawrence County. Receiving streams: Taylor Run. Application received: March 30, 2018. Permit issued: January 24, 2019.
PAM614005. IA Construction Corp. (24 Gibb Road, P.O. Box 568, Franklin, PA 16232) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 62090301 in Pittsfield Township, Warren County. Receiving streams: Brokenstraw Creek. Application received: January 17, 2019. Permit issued: February 6, 2019.
PAM619001. Lester C. Henry (1555 Route 208, Emlenton, PA 16373) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 16992802 in Ashland Township, Clarion County. Receiving streams: Unnamed tributary to Little Sandy Creek and an unnamed tributary to Pine Run. Application received: January 7, 2019. Permit issued: February 6, 2019.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
53182801. Duffy, Inc. (P.O. Box 374, Smethport, PA 16749). Commencement, operation, and restoration of a small noncoal industrial minerals surface mine permit (shale and sandstone) in Roulette Township, Potter County affecting 17.0 acres. Receiving stream(s): Fishing Creek and Allegheny River classified for the following use(s): CWF. Application received: May 23, 2018. Permit Issued: January 30, 2019.
PAM218015. Duffy, Inc. (P.O. Box 374, Smethport, PA 16749). General NPDES permit for stormwater discharge associated with mining activities on Surface Mining Permit No. 53182801 in Roulette Township, Potter County. Receiving stream(s): Fishing Creek and Allegheny River. Application received: May 23, 2018. Permit Issued: January 30, 2019.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 64182501 & NPDES Permit No. PA0225851. Robert A. Coleman, (P.O. Box 3, Susquehanna, PA 18847), commencement, operation and restoration of a quarry operation and NPDES permit for discharge of treated mine drainage in Scott Township, Wayne County affecting 10.0 acres, receiving stream: unnamed tributary to Balls Creek. Application received: May 11, 2018. Permit issued: January 30, 2019.
Permit No. PAM112094R. Brdaric Excavating, Inc., (913 Miller Street, Luzerne, PA 18709), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 40980301 in Kingston Township and Swoyersville Borough, Luzerne County, receiving stream: no discharge to unnamed tributary to Toby Creek. Application received: October 1, 2018. Renewal issued: January 31, 2019.
Permit No. PAM111002R. Hunlock Sand & Gravel Co., (121 Gravel Road, Hunlock, PA 18621), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 6475SM8 in Hunlock Township, Luzerne County, receiving stream: Roaring Brook. Application received: April 28, 2016. Renewal issued: January 31, 2019.
Permit No. PAM112076R. Tri City Highway Products, Inc., (145 Podpadic Road, Richmondville, NY 12149), renewal of General NPDES Stormwater permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58122515 in New Milford Township, Susquehanna County, receiving stream: no discharge into the tributary to Nine Partners Creek. Application received: November 9, 2018. Renewal issued: February 4, 2019.
Permit No. PAM112078R. Summit Anthracite, Inc., (196 Vista Road, Klingerstown, PA 17941), renewal of General NPDES Stormwater permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54120301 in Porter and Hegins Townships, Schuylkill County, receiving stream: no discharge to the East Branch Rausch Creek. Application received: November 21, 2018. Renewal issued: February 4, 2019.
Permit No. PAM112046R. Keystone Quarry, Inc., (249 Dunham Drive, Dunmore, PA 18512), renewal of General NPDES Stormwater permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54980302 in Foster & Frailey Townships, Schuylkill County, receiving stream: Swatara Creek (via Middle Creek) and Yans Yost Creek. Application received: November 2, 2018. Renewal issued: February 7, 2019.
Permit No. PAM112040R. Keystone Quarry, Inc., (249 Dunham Drive, Dunmore, PA 18512), renewal of General NPDES Stormwater permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54990301 in Foster & Frailey Townships, Schuylkill County, receiving stream: unnamed tributary to Swatara Creek. Application received: November 2, 2018. Renewal issued: February 7, 2019.
Permit No. PAM118010. Godino's West Mountain Stone Quarry, Inc., (703 Newton Road, Scranton, PA 18504), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 35860302 in Ransom Township, Lackawanna County, receiving stream: Keyser Creek. Application received: March 8, 2018. Permit issued: February 8, 2019.
Permit No. 7974SM2A2C12 and NPDES Permit No. PA0611999. Hanson Aggregates BMC, Inc., (7660 Imperial Way, Allentown, PA 18195), renewal of NPDES permit for discharge of treated mine drainage in Nockamixon Township, Bucks County, receiving stream: Rapp Creek. Application received: July 18, 2018. Renewal issued: February 8, 2019.
Permit No. 58930301C3. Red Oak Sand & Gravel, LLC, (P.O. Box 25, Kingsley, PA 18826), correction to an existing quarry operation to update the post-mining land use in Oakland Township, Susquehanna County affecting 40.6 acres, receiving stream: Susquehanna River. Application received: May 29, 2018. Correction issued: February 8, 2019.
Permit No. PAM118026. Red Oak Sand & Gravel, LLC, (P.O. Box 25, Kingsley, PA 18826), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58930301 in Oakland Township, Susquehanna County, receiving stream: Susquehanna River. Application received: May 29, 2018. Permit issued: February 8, 2019.
Permit No. 5273SM2C19 and NPDES Permit No. PA0594130. Hanson Aggregates BMC, Inc., (7660 Imperial Way, Allentown, PA 18195), renewal of NPDES permit for discharge of treated mine drainage in Thornbury and Middletown Townships, Delaware County, receiving stream: Chester Creek. Application received: January 19, 2018. Renewal issued: February 8, 2019.
Permit No. 6575SM5C8 and NPDES Permit No. PA0225789. Lehigh Cement Co., LLC, (3938 Nazareth Easton Highway, Nazareth, PA 18064), correction to an existing quarry operation to add an NPDES Permit for discharge of treated mine drainage in Ross Township, Monroe County affecting 37.4 acres, receiving stream: no discharge to Aquashicola Creek. Application received: October 26, 2017. Correction issued: February 8, 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.
41194102. M & J Explosives LLC (P.O. Box 1248, Carlisle, PA 17013). Blasting for well pad located in McNett Township, Lycoming County with an expiration date of February 4, 2020. Permit issued: February 8, 2019.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 39194101. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Lehigh Hills Lot 4 Detention Pond B Conversion in Upper Macungie Township, Lehigh County with an expiration date of January 25, 2020. Permit issued: February 5, 2019.
Permit No. 48194101. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Majestic Lot 4 in Bethlehem Township, Northampton County with an expiration date of January 21, 2020. Permit issued: February 5, 2019.
Permit No. 35194101. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for Alliance Sanitary Landfill in Ransom and Roaring Brook Townships; Taylor and Old Forge Boroughs, Lackawanna County; Duryea Borough and Black Creek Township, Luzerne County and Lehigh Township, Wayne County with an expiration date of February 6, 2022. Permit issued: February 8, 2019.
Permit No. 40194101. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for Center Point II B East in Pittston Township, Luzerne County with an expiration date of February 1, 2020. Permit issued: February 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 Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E40-813. Earth Conservancy, 101 South Main Street, Ashley, PA 18701, City of Nanticoke, Luzerne County, U.S. Army Corps of Engineers, Baltimore District.
Reestablish and maintain a 1,030-linear foot reach of Espy Run (CWF, MF) as part of a phased stream channel restoration project for the purpose of restoring Espy Run to its historic alignment. Work will include the construction of a 2-foot deep, 27-foot wide (15-foot bed width) trapezoidal channel having 3:1 side slopes, a 0.5% longitudinal slope, impacting approximately 0.90 acre of PEM wetlands. The channel will include R-4 riprap underlain with a 12-inch deep sand layer and an impervious geomembrane liner. This is the first phase (''Segment A'') of a larger project to restore Espy Run to its historical alignment. The project is located 0.1 mile southwest of the intersection of Middle Road and Espy Street (Wilkes-Barre West & Nanticoke, PA Quadrangle, Latitude: 41° 11` 16.73"; Longitude: -75° 59` 23.93"). Subbasin 5B.
E40022-815. Gary Swartz, 2375 Lakeside Drive, Harveys Lake, PA 18612, Harveys Lake Borough, Luzerne County, U.S. Army Corps of Engineers, Baltimore District.
To construct and maintain the expansion of an existing dock and boathouse with work consisting of a 804 sq. ft., pile-supported boathouse and a 494 sq. ft., pile-supported dock within the basin of Harveys Lake (HQ-CWF). The project is located at Pole # 216 along Lakeside Drive (S.R. 415) (Harveys Lake, PA Quadrangle, Latitude: 41° 21` 53"; Longitude: -76° 3` 3") in Harveys Lake Borough, Luzerne County. Subbasin 5B.
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E67-918: Columbia Gas of Pennsylvania, 1600 Colony Road, York, PA 17408 in Paradise Township, York County, U.S. Army Corps of Engineers, Baltimore District.
To amend the previously issued water obstruction and encroachment permit, originally issued to P.H. Glatfelter Company, permit number E67-918, which authorized the following:
P.H. Glatfelter Company proposes to install and maintain a natural gas connector line spanning approximately 6 miles in Jackson and Paradise Townships beginning at 39° 55` 22"N, 76° 56` 15"W and ending at 39° 52` 33"N, 76° 52` 22"W. Ten (10) wetland crossings and thirteen (13) stream crossings are necessary for the proposed project. Wetland impacts comprise 21,541 square feet (permanent) and 19,997 square feet (temporary). Temporary linear stream impacts total 759 feet with an impact area of 6,072 square feet. Floodway impacts total 2.66 acres. Nine (9) additional stream crossings accompany the project which qualify for a waiver of permit requirements under 25 Pa. Code § 105.12(a)(2). Crossings will be permitted open cut and timber matted for temporary access, with the exception of KLF-Wetland03 and KLF-Wetland04 which will utilize bore methods. KLF-Wetland01 will be permanently impacted with the construction of a new impervious surface (157-ft by 150-ft) for a valve site. KLF-Wetland03 and KLF-Wetland04 are classified as Exceptional Value.
The permit was previously amended to include:
To install and maintain a 6-inch steel natural gas connector line. The crossing will be installed by directional bore method under a 46-inch culvert pipe carrying an unnamed tributary to Paradise Run (WWF) located within the Township right-of-way along the south side of North Lake Road just south of the intersection of North Schoolhouse Road in Paradise Township, York County at 39° 55` 22.8"N, 76° 55` 58.2"W.
The permit is now amended to include:
To clear and maintain the gas line ROW within wetland KLF-Wetland04, converting 0.49 acre of Palustrine Forested (PFO) wetland to Palustrine Emergent (PEM) wetland. The permittee is responsible for construction of a 0.98 PEM to PFO wetland conversion as compensatory mitigation, located in Codorus Township, York County (Latitude: 39° 44` 23.3"; Longitude: -76° 48` 8.7"). The permit was issued on January 23, 2019.
Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, Waterways and Wetlands Program Manager, 412-442-4000.
E63-707, Thomas and Kathleen Marecic, 2007 Grandview Farms Ct., Bethel Park, PA 15102, Morris Township, Washington County, Pittsburgh ACOE District.
Has been given consent to:
1. Construct and maintain a bridge having a clear span of 50 feet and an underclearance of 7 feet across Tenmile Creek (TSF),
2. Rehabilitate an existing low flow crossing composed of twenty-one 18" culvert pipes.
For the purpose of improving overall safety, roadway site distance, and provide accessibility during high water events to the permittee's property. The project will permanently impact 21 linear feet of stream channel and 0.07 acre of floodway. The project will result in temporary impacts to 70 linear feet of stream channel and 0.25 acre of floodway. No mitigation is required. The project is located along SR 2020 near Hackney Station Road ((Amity, PA USGS Topographic Quadrangle) Chapter 93: TSF, B; Sub-basin 20), in Morris Township, Washington County.
E65-995, Derry Township Municipal Authority, P.O. Box 250, New Derry, PA 15671; Derry Township, Salem Township, and New Alexandria Borough; Westmoreland County; Pittsburgh ACOE District.
Has been given consent to:
1. Permanently impact 434 linear feet of stream, including 11 stream crossings. Streams impacted include Loyalhanna Creek (WWF), McCune Run (WWF), and unnamed tributaries to McCune Run;
2. Permanently impact 0.21 acre of wetland overall, including 9 wetland crossings. Wetland types impacted include PEM, PSS, and PFO.
For the purpose of extending an existing sanitary sewer line from Keystone State Park to New Alexandria. The project will include the installation of approximately 4,900 linear feet of 8-inch gravity sewer line leading from Keystone State Park to SR 981, a pump station along SR 981, and 9,500 linear feet of 6-inch force main line from the proposed pump station to the Borough of New Alexandria. Approximately 5,440 linear feet of additional gravity sewers are proposed along portions of Flowers Road and SR 981 to provide public sewage to existing homes. The project will serve Keystone State Park and adjacent areas in Derry Township. Mitigation for the project impacts will include restoration of stream and wetland crossings. Approximately 0.17 acre of PSS and PFO wetland will be converted to PEM wetland as part of the project. Mitigation for the wetland conversion will include the creation of a 0.243 acre PSS/PFO wetland on-site.
The project site is located near Keystone State Park in Saltsburg and Latrobe, PA USGS topographic quadrangles. The sewer line begins near Greywing Community Park at 40° 23` 38.7"; -79° 25` 25.5" and ends near Keystone Lake at 40° 22` 29.69"; -79° 23` 45.93" (Sub-basin 18C; USACE Pittsburgh District), in Derry Township, Salem Township and New Alexandria Borough, Westmoreland County.
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.
D01-071. Mr. Peter Sheppard, 117 Frederick Street, Hanover, PA 17331, Union Township, Adams County, USACOE Baltimore District.
Project proposes to remove approximately 9.6 acres of accumulated silt and sediment from the reservoir impounded by the Sheppard Dam located across a tributary to the South Branch Conewago Creek (WWF, MF) (McSherrystown, PA Quadrangle, Latitude: 39.7510; Longitude: -77.0159).
D11-122EA. Roger Adams, P.E., Director, Bureau of Waterways Engineering and Wetlands, Pennsylvania Department of Environmental Protection, P.O. Box 8460, Harrisburg, PA 17105, Susquehanna Township, Cambria County, USACOE Pittsburgh District.
Project proposes to remove the remains of the abandoned West Branch Mill Dam to eliminate a threat to public safety and to restore approximately 700 feet of stream channel to a free-flowing condition. The project is located across the West Branch Susquehanna River (WWF, MF) (Barnesboro, PA Quadrangle, Latitude: 40.6808; Longitude: -78.8060).
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.
Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESG29-081-18-0044
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Road
City, State, Zip Montoursville, PA 17754
County Lycoming
Township(s) McNett Twp.
Receiving Stream(s) and Classification(s) UNT to North Pleasant Stream (EV, MF).
Secondary: North Pleasant Stream.ESCGP-3 # ESG32910518-001
Applicant Name JKLM Energy, LLC
Contact Person Joseph M. Harrick
Address 2200 Georgetowne Drive, Suite 500
City, State, Zip Sewickley, PA 15143
County Potter
Township(s) Hector Twp.
Receiving Stream(s) and Classification(s) Primary Water-
shed(s): Crippen Run (HQ-CWF).
Secondary Watershed(s): Potter Brook (HQ-CWF).
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:
Northeast Region: Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Turkey Hill Minit Market 114, Storage Tank ID # 48-41707, 4205 Lehigh Drive, Lehigh Township, Northampton County. Comstock Environmental Services, P.O. Box 509, Lafayette Hill, PA 19444, on behalf of Dillon Companies, Inc./Kroger (Turkey Hill), 257 Centerville Road, Lancaster, PA 17603 has submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with gasoline. The report is intended to document remediation of the site to meet the Statewide Health Standards.
Dingmans Best Station, Storage Tank ID # 52-08100, 1596 Dingmans Turnpike (PA Route 739), Delaware Township, Pike County. MEA, 1365 Ackermanville Road, Bangor, PA 18013, on behalf of Dingmans Fuel Transfer Corporation, P.O. Box 686, Dingmans Ferry, PA 18328, has submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with gasoline. The report is intended to document remediation of the site to meet the Statewide Health Standards.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
LH Gross Manorette, Storage Tank Facility ID number 67-12009, 783 Front Street, Lewisberry, PA 17339, Fairview Township, York County. United Environmental Services, Inc., 1143 Long Run Road, Schuylkill Haven, PA 17972, on behalf of LH Gross Manorette, 783 Front Street, Lewisberry, PA 17339 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.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Estes Express, Storage Tank Primary Facility ID # 43-09380, 64 Stefanak Drive, Shenango Township, Mercer County. Compliance Environmental Services, P.O. Box 186, West Middlesex, PA 16159, on behalf of Estes Express Lines, 64 Stefanak Drive, West Middlesex, PA 16159 submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with 1, 2, 4-trimethylbenzene, 1, 3, 5-trimethylbenzene, benzene, toluene, ethylbenzene, methyl tertiary butyl ether, cumene, and naphthalene. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Shenango Township Municipal Building, Storage Tank Primary Facility ID # 43-04177, 3439 Hubbard Middlesex Road, Shenango Township, Mercer County. Compliance Environmental Services, Inc., P.O. Box 186, West Middlesex, PA 16159, on behalf of Municipality of Shenango Township, 3439 Hubbard-West Middlesex Road, West Middlesex, PA 16159 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with 1, 2, 4-trimethylbenzene, 1, 3, 5-trimethylbenzene, benzene, toluene, ethylbenzene, total xylenes, methyl tertiary butyl ether, cumene, and naphthalene. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Country Fair 44, Storage Tank Primary Facility ID # 43-91315, 1681 South Center Street Extension, Grove City, PA 16127, Springfield Township, Mercer County. Compliance Environmental Services, 6700 Kirila Boulevard, Hermitage, PA 16148, on behalf of United Refining Company of Pennsylvania, 15 Bradley Street, Warren, PA 16365 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, toluene, ethylbenzene, total xylenes, methyl tertiary butyl ether, cumene, and naphthalene. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Pine Avenue Shell, Storage Tank Primary Facility ID # 25-90047, 3800 Pine Avenue, City of Erie, Erie County. ATC Group Services, LLC, 270 William Pitt Way, Pittsburgh, PA 15238, on behalf of MKP Enterprise, Inc., P.O. Box 8326, Erie, PA 16505 submitted a Remedial Action Completion Report concerning remediation of soil contaminated with benzene, ethylbenzene and xylenes and groundwater contaminated with benzene, ethylbenzene, cumene, methyl tertiary butyl ether (MTBE), naphthalene, toluene and xylenes. The report is intended to document remediation of the site to meet the Statewide Health 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:
Southeast Region: Environmental Cleanup & Brownfields Program Manager, 2 East Main Street, Norristown, PA 19401.
7 ELEVEN 40156, 15-30781, 1165 West Chester Pike, West Goshen Township, Chester County. Aquaterra Technologies, Inc., P.O. Box 744, West Chester, PA 19381, on behalf of Sunoco (R&M), LLC, 3801 West Chester Pike, Newtown Square, PA 19073 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The Remedial Action Plan was acceptable to meet the Statewide health standards and was approved by DEP on February 4, 2019.
Express Fuel Mart, 51-06933, 5201 Oxford Avenue, City of Philadelphia. Synergy Environmental Inc., 155 Railroad Plaza, 1st Floor, Royersford, PA 19468, on behalf of 5201 Oxford Ave., Phila. LLC, 645 Hamilton Ave., Allentown, PA 18101, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The Remedial Action Plan was acceptable to meet residential Statewide health standards and was approved by DEP on February 4, 2019.
Citgo Station, 09-43147, 4216 Woodbourne Road, Bristol Township, Bucks County. Roux Associates, Inc., 402 Heron Drive, Logan Township, NJ 08085, on behalf of Five Points Retail Properties, L.P., P.O. Box 507, Southeastern, PA 19399, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The Remedial Completion Report was acceptable to meet non-residential Statewide health standards and was approved by the DEP on February 8, 2019.
Northeast Region: Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Hoffman's Service Station, Storage Tank ID # 54-04723, Oak Street and Lehigh Avenue, Frackville Borough, Schuylkill County, Center Point Tank Services, 536 East Benjamin Franklin Highway, Douglasville, PA 19518-9543, submitted a site characterization report/remedial action completion report on behalf of Dale Hoffman, Oak Street and Lehigh Avenue, Frackville, PA 17931, concerning remediation of groundwater contaminated with gasoline and kerosene. The report demonstrated attainment of the Background Standard for groundwater and was approved by DEP on February 6, 2019.
Former Fowler A, Storage Tank ID # 35-08952, Route 6/11 and PA Turnpike, South Abington Township, Lackawanna County, B&B Diversified Enterprises, P.O. Box 70, Barto, PA 19504, submitted a Remedial Action Plan on behalf of Fowler Oil Company, 1831 Fair Avenue, Honesdale, PA 18431, concerning remediation of soils and groundwater contaminated with gasoline. The Remedial Action Plan was acceptable to meet a combination of Nonresidential and Residential Statewide Health Standards for soil and Site-Specific Standards for groundwater and was approved by DEP on February 7, 2019.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Rutter's Farm Store No. 31, 21-39506, 1 Airport Road, Shippensburg, PA 17257, Shippensburg Township, Cumberland County, United Environmental Services, Inc., P.O. Box 701, Schuylkill Haven, PA 17972 on behalf of CHR Corporation, 2295 Susquehanna Trail, York, PA 17404 submitted a combined Site Characterization/Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, toluene, ethylbenzene, xylenes, MTBE, naphthalene,1,2,4- trimethylbenzene, 1,3,5- trimethylbenzene and cumene. The Remedial Action Plan was acceptable to meet the Statewide Health Standard and Site-Specific Standard and was approved with modifications by the Department on February 11, 2019.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Hillard's Service, Storage Tank Primary Facility ID # 10-10830, 3072 Oneida Valley Road, Venango Township, Butler County. Flynn Environmental, Inc., 5640 Whipple Avenue N.W., North Canton, OH 44720, on behalf of Kenneth Hillard, 131 Stalker Road, Hilliards, PA 16040 submitted a Remedial Action Plan concerning remediation of groundwater contaminated with 1, 2, 4-trimethylbenzene, 1, 3, 5-trimethylbenzene, benzene, toluene, ethylbenzene, total xylenes, methyl tertiary butyl ether, cumene, and naphthalene. The Remedial Action Plan was acceptable to meet the Statewide Health Standard and was approved by the Department on February 7, 2019.
SPECIAL NOTICES
Final Water Quality Certification Required by Section 401 of the Federal Clean Water Act for the UGI LNG, Inc.—Temple Truck Rack Expansion Project; DEP File No. WQ03-004 Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Scott Williamson 717-705-4802.
WQ03-004. UGI LNG, Inc. (UGI), 1 Meridian Boulevard, Suite 2C01, Wyomissing, PA 19610, Temple Truck Rack Expansion Project (Project) located at 5665 Leesport Ave., Reading, Ontelaunee Township, Berks County, PA (Lat: 40° 25` 28.18"; Long: -75° 55` 19.95").
On November 14, 2016, UGI applied to the Federal Energy Regulatory Commission (FERC) for a Certificate of Public Convenience and Necessity (Docket No. CP17-14-000) under section 7(c) of the Natural Gas Act. UGI proposes to construct and operate certain natural gas pipeline facilities to expand their existing Temple Liquefied Natural Gas (LNG) Peak-shaving Facility (aka: Temple Truck Rack Expansion Project) in Berks County, PA. The FERC Final Environmental Assessment (EA) for the Project, (dated 09/18/2018) may be viewed on FERC's web site at www.ferc.gov (search eLibrary; Docket Search; CP-17-14).
On October 1, 2018, UGI requested a State Water Quality Certification from the Department of Environmental Protection (Department), as required by section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in this Commonwealth through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The proposed overall project consists of the following activities: construction and operation of two additional LNG loading and unloading terminals, two rack scales, transfer piping, and associated equipment in support of the truck rack expansion, as well as a new driveway for the expansion to Willow Creek Road at the Project site. Approximately 9.5 acres of earth disturbance is proposed within the property footprint of the existing truck rack site, with approximately 5.6 acres of permanent use areas proposed.
The receiving surface water for the Project is Willow Creek. No watercourse, floodway, water body or wetland impacts are proposed by UGI for this Project.
The Department hereby issues Section 401 Water Quality Certification to UGI LNG, Inc. for the Temple Truck Rack Expansion Project and certifies that UGI's construction, operation and maintenance of the 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 Department further certifies that UGI's construction, operation and maintenance of the Project will not violate applicable State water quality standards, provided that UGI complies with the applicable laws, permitting programs, criteria and conditions established pursuant to State law and as part of the Water Quality Certification as follows:
1. Discharge Permit—UGI shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the Project pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a) if such discharges are proposed.
2. Erosion and Sediment Control Permit—UGI shall comply with the Department's Chapter 102 Individual NPDES permit for the discharge of stormwater associated with construction activities, NPDES Permit No. PAD060002 issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—UGI shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the Project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601) and all applicable implementing regulations (25 Pa. Code Chapter 105), if such water resource impacts are proposed and as these requirements are applicable.
4. Delaware River Basin Commission—UGI shall comply with any Delaware River Basin Commission (DRBC) approvals that may be necessary from the DRBC for the Project.
5. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by UGI.
6. Operation—UGI 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 UGI.
7. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by the Department, or an authorized representative of the Department, to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department, or an authorized representative thereof, during such inspections of the Project.
8. Transfer of Projects—If UGI intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, UGI shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least 30 days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owners containing a specific date for transfer of responsibility, coverage, and liability under the Certification and any permits, authorizations and approvals obtained to comply with the Certification. The new owner shall submit to the Department a new application form for the Certification and any permits, authorizations and approvals required to comply with the Certification signed by the new owner.
9. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to: Department of Environmental Protection, Southcentral Regional Office, Program Manager, Waterways and Wetlands, 909 Elmerton Avenue, Harrisburg, PA 17110.
10. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if (i) the Department becomes aware of new facts about the Project that warrant such action; or (ii) the Department determines that UGI has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with any applicable law or regulation.
11. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve UGI from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
12. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Any person aggrieved by this action may file a petition for review under section 19(d) of the Natural Gas Act (15 U.S.C.A. § 717r(d)), with the Office of the Clerk, United States Court of Appeals for the Third Circuit, 21400 United States Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 as provided by law. Important legal rights are at stake, so you should show this document to a lawyer promptly.
[Pa.B. Doc. No. 19-264. Filed for public inspection February 22, 2019, 9:00 a.m.]
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