[50 Pa.B. 2082]
[Saturday, April 18, 2020]
[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—1396.31); The Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301—3326); The Clean Streams Law (35 P.S. §§ 691.1—691.1001); The Coal Refuse Disposal Control Act (52 P.S. §§ 30.51—30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.21). 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 Such Applications will also Address The Application Permitting Requirements of the Following Statutes; The Air Quality Control Act (35 P.S. §§ 4001—4015); The Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and The Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100, (Contact: Bonnie Herbert).
56061301 and NPDES Permit No. PA0235709. RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 260, Friedens, PA 15541, to renew the permit and related NPDES Permit for reclamation only for Kimberly Run Mine located in Somerset Township, Somerset County. No additional discharges. The application was considered administratively complete on September 17, 2018. Application received: October 2, 2017. Permit issued: March 25, 2020.
30031301 and NPDES Permit No. PA0235610. Dana Mining Company of Pennsylvania, LLC, 966 Crafts Run Road, Maidsville, WV 26541 to revise the permit and related NPDES Permit for a land use change from the existing forestland and land occasionally cut for hay to commercial, light industrial for 4-West Mine located in Dunkard, Perry, and Whiteley Townships, Greene County. No additional discharges. The application was considered administratively complete on March 1, 2019. Application received: November 13, 2018. Permit issued: April 1, 2020.
30841307 and NPDES Permit No. PA0213438. Emerald Contura, LLC, 158 Portal Road, P.O. Box 1020, Waynesburg, PA 15370 to revise the permit and related NPDES Permit to expand the West Pool Pipeline and addition of a water pump borehole pad site for Emerald Mine No. 1 located in Franklin and Center Townships, Greene County. Affecting 41.34 proposed surface acres. No additional discharges. The application was considered administratively complete on May 15, 2019. Application received: April 12, 2019. Permit issued: April 3, 2020.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814.472.1900, (Contact: Holly Calvetti).
Permit 56120114 and NPDES No. PA0269158. Heritage Coal & Natural Resources, LLC, 550 Beagle Road, Rockwood, PA 15557, permit renewal for the continued operation and restoration of a bituminous surface & auger mine in Elk Lick & Summit Townships, Somerset County, affecting 353 acres. Receiving stream(s): unnamed tributary to/and Casselman River classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: December 11, 2019. Permit issued: March 30, 2020.
Permit 40A77SM12 and NPDES No. PA0249815. PBS Coals, Inc., 1576 Stoystown Road, P.O. Box 260, Friedens, PA 15541, permit renewal for reclamation only of a bituminous surface mine in Brothersvalley Township, Somerset County, affecting 1,128 acres. Receiving stream(s): Pine Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: December 30, 2019. Permit issued: April 2, 2020.
Noncoal Permit Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118, (Contact: Theresa Reilly-Flannery).
Permit No. PAM119026. Adam Wilbur (22 Imex Drive, Hallstead, PA 18822), coverage under the General NPDES Stormwater Permit for stormwater discharges associated with mining activities on GP105 Permit No. 58192507 in Liberty Township, Susquehanna County, receiving stream: unnamed tributary to Dubois Creek. Application received: November 4, 2019. Permit issued: April 2, 2020.
Noncoal Permit Received
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814.472.1900, (Contact: Holly Calvetti).
Permit 31200801. Alan H. Book, 18270 Shade Valley Road, Blairs Mills, PA 17213, commencement, operation and restoration of a small noncoal (industrial minerals) operation in Tell Township, Huntingdon County, affecting 5.0 acres. Receiving stream(s): unnamed tributary to Trough Spring Branch and Tuscarora Creek. Application received: March 23, 2020.
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on Applications Under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting Activity Performed as Part of a Coal or Noncoal Mining Activity will be Regulated by the Mining Permit for that Coal or Noncoal Mining Activity.
Blasting Permits Issued
New Stanton District Office: P.O. Box 133, New Stanton, PA 15672, 724-925-5500, (Contact: Tracy Norbert).
02204002. Senex Explosives, Inc., 710 Millers Run Road, Cuddy, PA 15831. Blasting Activity Permit for the construction/demolition of the Monroeville Landfill located in Monroeville Borough, Allegheny County with an expiration date of April 1, 2021. Permit issued: March 24, 2020.
02204102. Wampum Hardware Company, 636 Paden Road, New Galilee, PA 16141. Blasting Activity Permit for the construction/demolition of the WM Monroeville site located in Monroeville Borough, Allegheny County with an expiration date of December 31, 2020. Permit issued: March 31, 2020.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118 (Contact: Theresa Reilly-Flannery).
Permit No. 46204105. Maine Drilling & Blasting, Inc. (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Sanatoga Green in Lower Pottsgrove Township, Montgomery County with an expiration date of January 24, 2021. Permit issued: March 30, 2020.
Permit No. 23204102. American Rock Mechanics, Inc. (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Edgmont Reserve in Edgmont Township, Delaware County with an expiration date of March 18, 2021. Permit issued: March 30, 2020.
Permit No. 46204103. Maine Drilling & Blasting, Inc. (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Lower Merion Villanova in Lower Merion Township, Montgomery County with an expiration date of March 19, 2021. Permit issued: March 31, 2020.
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 the applicable provisions of 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.
Any person aggrieved by these actions may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. Section 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 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 any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the Board within 30-days. You do not need a lawyer to file an appeal with the Board.
Important legal rights are at stake, however, so you should show this notice to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the Secretary to the Board (717) 787-3483 for more information.
WATER OBSTRUCTIONS AND ENCROACHMENTS
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:
Southeast Region: Waterways and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401.
Permit No. E46-1196, Limerick Partners I, LP, Meetinghouse Business Center, Suite 120, Plymouth Meeting, PA 19462, Limerick Township, Montgomery County, ACOE Philadelphia District.
To place 0.22 acre of fill within and along 956 linear feet of an unnamed tributary to Mingo Creek (WWF-MF) to facilitate the construction of the Limerick Common—Home Depot Project parking lot and access. To mitigate for stream loss, the applicant is proposing relocate, construct, and maintain 956 linear feet of new stream channel which includes a step-pool section, riffle-pool section, and roughened bedrock bottom section before entering an existing roadway culvert under West Ridge Pike. These activities will result in 956 linear feet (8,537 square feet) of permanent watercourse impact which includes 50-foot regulated permanent floodway impact. This is a reissuance of permit No. E46-1012 that expired and was originally issued on May 30, 2008. Project scope and impacts remain the same and is located on the west side of PA Route 100 approximately 1,200 feet NW of the West Ridge Pike and North Township Line Intersection in Limerick Township, Montgomery County (USGS PA Phoenixville Quadrangle—Latitude 40.216628 N, Longitude 75.505581 W). Permit issued April 3, 2020.
Permit No. E09-1033, Pennsylvania Department of Transportation, Engineering District 6-0, 7000 Geerdes Boulevard, King of Prussia, PA 19406, Warrington Township, Bucks County, ACOE Philadelphia District.
To perform the following water obstruction and encroachment activities within an unnamed tributary to Little Neshaminy (WWF-MF) as well as the main branch of Little Neshaminy (WWF-MF) associated with the S.R. 2038 County Line Road Resurfacing Project:
1. To excavate an already existing drainage swale/unnamed tributary (WWF-MF) to enhance drainage to the Little Neshaminy Creek (WWF-MF) resulting in 296.4 linear feet (1,397.2 square feet) of permanent steam channel impact located at Sta 294+25.00. This activity also includes the placement of riprap associated with the construction of maintenance of an endwall and two (2) outfalls resulting in 265.6 square feet of permanent of water course impacts. In addition, associated work includes 1,826.3 square feet and 113.7 square feet of permanent impact within the floodway of the Little Neshaminy Creek (WWF-MF) and 5,204.6 square feet of floodplain impact.
2. To place fill within the floodway and floodplain of Little Neshaminy Creek (WWF-MF) associated with roadway reconstruction resulting in 969.6 square feet of permanent floodway impact and 2,474.99 square feet of floodplain impact. This activity also includes the placement of fill within an unnamed tributary to Little Neshaminy Creek and will result in 9.4 linear feet (32.9 square feet) of permanent stream channel impact.
3. To remove a 26.5-foot long masonry stone arch bridge, and in its place, construct and maintain a 67.2-foot long, 14-foot by 8-foot single cell precast box culvert carrying an unnamed tributary to Little Neshaminy Creek (WWF-MF) located at Sta 336+98.70 resulting in 53.6 linear feet (1,003.5 square feet) of permanent stream channel impact, 28.2 linear feet (343.7 square feet) of temporary stream channel impact, and 1,124.8 square feet of permanent floodway impact. Additional impact to the channel includes 65.5 linear feet (292.3 square feet) of permanent stream impact due to the placement of riprap protection. Floodway impacts include the construction and maintenance of two (2) outfalls (1.5-foot diameter) and the placement of fill and riprap protection. There is a total of 1,545 square feet of floodplain impact.
4. To remove a 84-inch by 60-inch corrugated steel arch pipe culvert, and in its place, construct and maintain a 61.3-foot long, 103-inch by 71-inch arch pipe culvert carrying an unnamed tributary to Little Neshaminy Creek (WWF-MF) located at Sta 352+50.00 resulting in 61.3 linear feet (723 square feet) of permanent stream channel impact with 183.7 square feet of riprap rock apron, 44.3 linear feet (310.3 square feet) of temporary stream impact, and 3,217 square feet of permanent floodway/floodplain impact. Additional impacts include the placement fill and riprap protection with an unnamed tributary resulting in 24.2 linear feet (63.5 square feet) of permanent stream channel impact. Floodway/floodplain impacts include the construction and maintenance of a 1.5-foot diameter outfall and the placement of riprap associated with outfalls located outside of floodplain.
5. To place fill within the floodway of Park Creek (WWF-MF) associated with roadway improvements resulting in 1,060.1 square feet of permanent floodway impact.
This project will have some 100-year floodplain impacts and is located on a 3.03-mile section of County Line Road between Kulp Road East and Easton Road in Warrington Township, Bucks County (USGS PA Ambler Quadrangle—Latitude 40.225677 N, Longitude 75.162080 W). Permit issued April 7, 2020.
Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, 400 Market Street, 2nd Floor, Harrisburg, PA 17101, telephone: 717-787-3411.
MB990563-0003, First Pennsylvania Resource, LLC, 183 Clovis Ridge Road, West Finley Twp., PA 15377; Robinson Fork Mitigation Bank—Phase II, in West Finley Township, Washington County, USACE Pittsburgh District (Valley Grove, Claysville, Majorsville and Wind Ridge, PA Quadrangles; N: 39°, 59`, 45.07"; W: 80°, 28`, 56.98").
Approval is granted to amend the existing permit to construct Phase II of the Robinson Fork Mitigation Bank. Phase II consists of restoration, enhancement and conservation activities within approximately 122.83 acres of the Robinson Fork watershed, immediately adjacent to Robinson Fork Mitigation Bank—Phase I. These activities would include activities affecting uplands, floodplains, stream channels and wetland areas of the Robinson Fork watershed; including the main stem of Robinson Fork, Beham Run tributary and numerous unnamed tributaries.
The project generally consists of the following activities: Wetland resources—enhancement of 0.57-acre, re-establishment of 9.61 acres, and rehabilitation of 0.68 acre. An additional 0.02 acre of existing wetlands will be protected under the overall site protection instruments. Riverine and floodplain resources—Restoration of 13,323.86 linear feet of the stream and floodplain, rehabilitation of 1,759.43 linear feet of the stream channel and floodplain, enhancement of 15,447.73 linear feet of stream channel and floodplain and 5,454.24 linear feet of stream channel and floodplain protected under the overall site conservation easements. Upland resources—107.19 acres will be protected under the overall site conservation easements. Some of the areas will involve vegetation habitat management, invasive plant species control and vegetative plantings. The project upon meeting performance standards may provide compensatory mitigation credits through the applicant's existing permit MB9915-0001.
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, 412-442-4281.
ESCGP-3 # ESG076319009-00
Applicant Name MarkWest Liberty Midstream and Resources, LLC
Contact Person Rick Lowry
Address 4600 J Barry Court, Suite 500
City, State, Zip Canonsburg, PA 15317
County Beaver & Washington
Township(s) Hanover Twp & Frankfort Springs Borough, Beaver Co.; Hanover Twp, Washington Co
Receiving Stream(s) and Classification(s) Kings Creek (CWF), Raccoon Creek (WWF-Siltation Impaired), Ohio RiverESCGP-3 # ESG073019023-00
Applicant Name Contura Pennsylvania Land, LLC
Contact Person Jim Cappucci
Address 158 Portal Road
City, State, Zip Waynesburg, PA 15370
County Greene
Township(s) Jackson Township
Receiving Stream(s) and Classification(s) UNTs to Graner Run and Garner Run (HQ-WWF);
Secondary receiving water—McCourtney Run (HQ-WWF)ESCGP-3 # ESG070219001-00
Applicant Name Olympus Energy, LLC
Contact Person Jennifer Hoffman
Address 501 Technology Dr
City, State, Zip Canonsburg, PA 15317
County Allegheny
Township(s) West Deer Township
Receiving Stream(s) and Classification(s) UNT to Dawson Run (46704) (CWF); Dawson Run (CWF); Allegheny River (WWF)Northwest Region: Oil and Gas Management, 230 Chestnut Street, Meadville, PA 16335-3481, 814-332-6860. Contact Mary Slye, Clerical Supervisor, 814-332-6325.
ESCGP-3 # ESX14-007-0015—Beaver Pad 8
Applicant Name PennEnergy Resources LLC
Contact Person Cody Salmon
Address 1000 Commerce Drive Park Place One, Suite 400
City, State, Zip Pittsburgh, PA 15275
County Beaver
Township(s) New Sewickley Twp.
Receiving Stream(s) and Classification(s) UNT to Crows Run WWF, Crows Run WWF;
Secondary Crows Run WWF, Ohio River WWFESCGP-3 # ESG070419008-00—B07 to B37 Pipeline
Applicant Name PennEnergy Resources, LLC
Contact Person Cody Salmon
Address 1000 Commerce Drive Park Place One, Suite 400
City, State, Zip Pittsburgh, PA 15275
County Beaver
Township(s) New Sewickley Township
Receiving Stream(s) and Classification(s) UNT to Brush Creek (WWP);
Secondary Brush Creek (WWF)Eastern Region: Oil and Gas Management Program Manager, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.
ESCGP-3 # ESG295819047-00
Applicant Name Cabot Oil & Gas Corp
Contact Person Kenneth Marcum
Address 2000 Park Lane, Ste 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Bridgewater
Receiving Stream(s) and Classification(s) Wysox-Wyalusing Creeks (WWF, MF), Mehoopany-Bowman Creeks (CWF, MF)
Secondary: UNT to Pettis Creek (WWF, MF), Meshoppen Creek (CWF, MF)ESCGP-3 # ESG29-023-15-0011(1)
Applicant Name Seneca Resources Company
Contact Person Joshua McLaughlin
Address 51 Zents Boulevard
City, State, Zip Brookville, PA 15825
County Cameron
Township(s) Shippen
Receiving Stream(s) and Classification(s) (1) Billy Buck Run (EV), (2) Cherry Run (EV), (3) Indian Camp Run (EV), and (4) Elk Fork (EV)
Secondary: (1), (2), (3), (4) Driftwood Branch Sinnema-
honing Creek (EV)ESCGP-3 # ESG295819046-00
Applicant Name Cabot Oil & Gas Corporation
Contact Person Kenneth Marcum
Address 2000 Park Lane, Ste 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Springville
Receiving Stream(s) and Classification(s) UNT to White Creek (CWF), UNT to Thomas Creek (CWF)
Secondary: White Creek (CWF), Thomas Creek (CWF)ESCGP-3 # ESG290820002-00
Applicant Name Appalachia Midstream Services, LLC
Contact Person Adam Weightman
Address 30351 Route 6
City, State, Zip Wysox, PA 18854
County Bradford
Township(s) Wilmot & Wyalusing
Receiving Stream(s) and Classification(s) Sugar Run Creek (CWF, MF), Susquehanna River (WWF, MF)
Secondary: Susquehanna River (WWF, MF)ESCGP-3 # ESG294120003-00
Applicant Name ARD Operating, LLC
Contact Person Stephen Barondeau
Address 33 West Third Street, Ste 300
City, State, Zip Williamsport, PA 17701
County Lycoming
Township(s) Cascade
Receiving Stream(s) and Classification(s) West Branch Wallis Run (EV), UNT to West Branch Wallis Run (EV)
Secondary: Wallis Run (EV)Northwest Region: Waterways and Wetlands Program, 230 Chestnut Street, Meadville, PA 16335-3481.
Jefferson County Conservation District, 1514 Route 28, Brookville, PA 15825, 814-849-7463.
ESCP No. Applicant Name & Address County Municipality Receiving
Water/UseESG003319001 Dominion Energy Transmission Inc.
925 White Oaks Boulevard
Bridgeport, WV 26330
Jefferson Eldred Township,
Union TownshipWelch Run EV, CWF;
Little Mill Creek EV, CWF;
Mill Creek HQ, EV;
Coder Run CWFRegional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
ESG830619001-00. The Department of Environmental Protection (Department) provides notice of final action regarding the following Chapter 102, Erosion and Sediment Control Permit Application related to Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment Operations or Transmission Facilities associated with the Bernville TEM 2020/Compressor Units Replacement Project.
Permit No. Applicant Name & Address Counties DEP Office ESG830619001-00 Enbridge/Texas Eastern Transmission, LP
890 Winter Street
Suite 320
Waltham, MA 02451Berks Regional Permit Coordination Office Any person aggrieved by this action may file a petition for review pursuant to Section 19(d) of the Federal 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 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 as provided by law. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law. Important legal rights are at stake, so you should show this document to a lawyer promptly.
STORAGE TANKS SITE-SPECIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P.S. §§ 6021.304, 6021.504, 6021.1101 and 6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, P.O. Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name & Address County Municipality Tank
TypeTank
Capacity
20-21-013 Carlisle SynTec Systems,
a division of Carlisle Construction Materials, LLC
P.O. Box 7000
Carlisle, PA 17013
Attn: Scott Reddig
Cumberland Carlisle Borough 2 ASTs storing petroleum products 60,000
gallons
total
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 Regional Office: Environmental Cleanup & Brownfields Program, 2 East Main Street, Norristown, PA 19401, 484-250-5960.
Contact: Richard Staron, Professional Geologist Manager.
LUKOIL 69714, 46-41438, 913 Bethlehem Pike, Montgomery Township, Montgomery County. Envirotrac Ltd., 3070 Bristol Pike, Building 1, Suite 221, Bensalem, PA 19020, on behalf of Lukoil North America LLC, 302 Harper Drive, Suite 303, Moorestown, NJ 08057, submitted a Site Characterization Report 310(b) concerning remediation of soil contaminated with unleaded gasoline. The report is intended to document remediation of the site to meet nonresidential Statewide health standards.
Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Guttman Oil Co.—Former Pacific Pride Facility, Storage Tank Primary Facility ID # 02-37407, 1030 Transit Blvd., Bethel Park, PA 15102, Bethel Park Borough, Allegheny County. Apex Companies LLC, 1600 Commerce Circle, Trafford, PA 15085, on behalf of Guttman Oil Co., 200 Speers St., Belle Vernon, PA 15012, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet the Statewide health standard.
Former Chevron Facility # 6546100, Storage Tank Primary Facility ID # 02-80588, 500 Grand Ave., Neville Island, PA 15225, Neville Township, Allegheny County. Arcadis U.S. Inc., 10 Friends Lane, Ste. 100, Newtown, PA 18940 on behalf of Chevron Environmental Management Co., 1400 Smith St., No. 33105, Houston, TX 77002 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet the site-specific standard.
Jefferson Ave. Food Shop, Storage Tank Primary Facility ID # 63-09693, 1300 Jefferson Ave., Washington, PA 15301, Washington City, Washington County. Letterle & Associates, Inc., 2859 Oxford Blvd, Allison Park, PA 15101 on behalf of Coen Market Inc., 1000 Philadelphia St., Canonsburg, PA 15317, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet the site-specific standard.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Coen Market 1203, Storage Tank Facility ID # 32-01883, 9650 Route 422, Shelocta Borough, Indiana County. Letterle & Associates, Inc., 191 Howard Street, Suite 108, Franklin, PA 16323 on behalf of Coen Markets, 1000 Philadelphia Street, Canonsburg, PA 15317 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene and methyl tert-butyl ether. The plan is intended to document the remedial actions for meeting the Statewide Health Standard in soil and groundwater.
Rich's Fuel Stop, Storage Tank Facility ID # 61-18852, 5609 State Route 8, Barkeyville Borough, Venango County. Cribbs & Associates, Inc., P.O. Box 44, Delmont, PA 15626, on behalf of Heath Oil, Inc., P.O. Box 1128, Oil City, PA 16301-0628 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, ethylbenzene, cumene, MTBE, naphthalene, toluene, 1,2,4 TMB, 1,3,5, TMB, xylenes, 1,2 dibromoethane and 1,2 dichloroethane. The plan is intended to document the remedial actions for meeting the Site-Specific Standard.
Victory Heights Station, Storage Tank Facility ID # 61-18853, 5609 5821 State Route 322, Cranberry Township, Venango County. Cribbs & Associates, Inc., P.O. Box 44, Delmont, PA 15626, on behalf of Heath Oil, Inc., P.O. Box 1128, Oil City, PA 16301-0628 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, toluene, ethylbenzene, xylenes, cumene, naphthalene, MTBE, 1,2,4 trimethylbenzene and 1,3,5 trimethylbenzene. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Sheetz 153, 18425 Smock Highway, Vernon Township, Crawford County. EnviroTrac, Ltd., 176 Thorn Hill Road, Warrendale, PA 16365, on behalf of Sheetz, Inc., 5700 Sixth Avenue, Altoona, PA 16602, submitted a Remedial Action Plan concerning the remediation of site soil and groundwater contaminated with benzene, toluene, ethylbenzene, xylenes, cumene, naphthalene, MTBE, 1,2,4 trimethylbenzene and 1,3,5 trimethylbenzene. 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 Regional Office: Environmental Cleanup & Brownfields Program, 2 East Main Street, Norristown, PA 19401, 484-250-5960.
Contact: Richard Staron, Professional Geologist Manager.
Sunoco 0363 5067, 51-30650, 630 Walnut Ln., City of Philadelphia. Groundwater & Environmental Services, Inc., 440 Creamery Way, Suite 500, Exton, PA 19341, on behalf of Evergreen Resources Management Operations, 2 Righter Parkway, Suite 120, Wilmington, DE 19803 submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with unleaded gasoline. The report did not demonstrate attainment of nonresidential Statewide health and site-specific standards and was disapproved by DEP on April 3, 2020.
Northeast Region: Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915, 570-826-2511.
Dorrance Sunoco, Storage Tank ID # 40-20336, 7018 Blue Ridge Trail, Mountain Top, PA 18707, Dorrance Township, Luzerne County. MEA, 1365 Ackermanville Road, Bangor, PA 18013, on behalf of Liberty Truck Center, Inc., 2227 Scranton-Carbondale Highway, Scranton, PA 18508, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with gasoline. The Remedial Action Completion Report demonstrated attainment of Statewide Health Standards and was approved by DEP on April 2, 2020.
Davinko (former Jessy, Inc.), Storage Tank ID # 64-52513, 22 Main Street, Lehigh Township, Wayne County. Austin James Associates, P.O. Box U, Pocono Pines, PA 18350, on behalf of Andrew Calkins, 1348 Main Street, Gouldsboro, PA 18424, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with gasoline. The report was acceptable for meeting a combination of Site-Specific and Statewide Health Standards and was approved by DEP on April 7, 2020.
Southcentral Regional Office: Environmental Cleanup & Brownfields Program, 909 Elmerton Avenue, Harrisburg, PA 17110, 717-705-4705.
Bressler Service Station, Storage Tank Facility ID # 06-05360, PA Route 501 and Old US Route 22, Bethel, PA 19057, Bethel Township, Berks County. Reliance Environmental, Inc., 235 N. Duke Street, Lancaster, PA 17602 on behalf of Bressler Service, Inc., PA Route 501 and Old US Route 22, Bethel, PA 19057 submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum constituents. The Remedial Action Completion Report demonstrated attainment of the Site-Specific Standard for soil and the Statewide Standard for groundwater and was approved by DEP on April 1, 2020.
Point Store, Storage Tank Facility ID # 44-12044, 5867 Highway 522 North, McClure, PA 17841, Decatur Township, Mifflin County. Mountain Research, LLC, 825 25th Street, Altoona, PA 16601, on behalf of Mr. Jeff Bell, Point Store, 5867 Highway 522 North, McClure, PA 17841 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum constituents. The plan is intended to document remediation of the site to meet the Site-Specific Standard. The Remedial Action Plan was not acceptable to meet the Standards and was disapproved by DEP on April 7, 2020.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Cunningham Chrysler Plymouth, Storage Tank Facility ID # 25-10059, Cunningham Chrysler Plymouth, North East Borough, Erie County. Moody and Associates, Inc., 11548 Cotton Road, Meadville, PA 16335, on behalf of Cunningham Chrysler Plymouth, 85 West Main Street, North East, PA 16428, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, toluene, ethyl benzene, xylenes, cumene, naphthalene, MTBE, 1,2,4-trimethyl-benzene, 1,3,5-trimethylbenzene, 1,2-dichloroethane, 1,2-dibromoethane, and lead. The Remedial Action Plan was acceptable to meet the Statewide Health Standard and was approved by DEP on March 16, 2020.
Rich's Fuel Stop, Storage Tank Facility ID # 61-18852, 5609 State Route 8, Barkeyville Borough, Venango County. Cribbs & Associates, Inc., P.O. Box 44, Delmont, PA 15626, on behalf of Heath Oil, Inc., P.O. Box 1128, Oil City, PA 16301-0628 submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, ethylbenzene, cumene, MTBE, naphthalene, toluene, 1,2,4 TMB, 1,3,5, TMB, xylenes, 1,2 dibromoethane and 1,2 dichloroethane. The Remedial Action Plan was acceptable to meet the Site-Specific Standard and was approved by DEP on April 2, 2020.
SPECIAL NOTICES
WATER MANAGEMENT
PUBLIC NOTICE OF FINAL STATE WATER QUALITY CERTIFICATION FOR FERC REGULATED PIPELINE PROJECT
State Water Quality Certification Issued by the Commonwealth of Pennsylvania, Department of Environmental Protection Pursuant to Section 401 of the Clean Water Act for the Bernville Tem 2020/Compressor Units Replacement Project.
Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
WQ0683219-001, Enbridge/Texas Eastern Transmission, LP, 890 Winter Street, Suite 320, Waltham, MA 02451. Bernville TEM 2020/Compressor Units Replacement Project (Project), in North Heidelberg Township, Berks County, ACOE Philadelphia District. The proposed project is located at the existing Bernville Compressor Station site (Latitude: 40.4099°; Longitude: -76.1506°).
On April 18, 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. CP19-191). The FERC Environmental Assessment for the Project, which was available on September 30, 2019, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP19-191).
On September 19, 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 the replacement of two existing centrifugal gas turbine units with two new, more efficient gas turbine units. Project activities include the reconstruction and conversion of existing buildings and the construction of additional facilities, including a generator building, and electrical control building, an electric service entrance building with transformer, and an auxiliary building. In addition, the project will result in the installation of new stormwater management facilities, widening of the existing access road, and installation of gas, electric, and water utilities. The Project, as proposed, will require approximately 17.6 acres of earth disturbance. No impacts to streams or wetlands are proposed.
PADEP published notice of its proposed SWQC in the Pennsylvania Bulletin on October 26, 2019 (49 Pa.B. 6388) and received 16 comments from the public. PADEP has reviewed the comments received and revised the certification to address known polychlorinated biphenyl contamination on site.
PADEP certifies that the 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 PADEP further certifies that the construction, operation and maintenance of the 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 and Treated Water from Excavation Activities—Applicant shall comply with National Pollutant Discharge Elimination System (NPDES) permit(s) for the discharge of water from the hydrostatic testing of the pipeline and the temporary discharge of treated water generated from excavation activities 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 any necessary 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. Soil Contamination Remediation Work Plan—Applicant shall comply with the PADEP-approved work plan for the remediation of the contamination area identified as a designated Operational Consideration Area (OCA) in the June 29, 1991 Consent Order and Adjudication (CO&A) between DEP and Texas Eastern and the October 11, 1989 Consent Decree between the U.S. Environmental Protection Agency (USEPA) and Texas Eastern. The OCA Remediation Work Plan shall be prepared in accordance with the CO&A and the Federal Consent Decree and all other applicable laws and regulations.
5. Soil & Groundwater Management Plan—Applicant shall comply with the PADEP-approved Soil and Groundwater Management Plan specifying measures the Applicant will develop and implement to prevent the contamination of Waters of the Commonwealth due to the discharge, transport, release, or disposal, whether intentional or non-intentional, of regulated substances, hazardous substances, or contaminated media, including stormwater run-off, groundwater, or soils. The measures to be developed and implemented by the Applicant pursuant to the Plan shall contain, treat, address and/or dispose of contaminated media in a manner that satisfies water quality standards and other applicable laws and regulations, including water quality protection requirements. The Plan shall require the Applicant to conduct sampling and analyses to confirm the agency data and develop and implement actions to prevent the migration of contaminants, hazardous substances, or pollutants due to, but not limited to project activities such as, soil excavation and disposal, hydrovac excavation, decantation operations, trenching, groundwater dewatering, and the creation of preferential contaminant migration paths.
6. 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.
7. 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.
8. 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 includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
9. 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.
10. 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.
11. Correspondence—All correspondence with and submittals to PADEP concerning this SWQC shall be addressed to the Department of Environmental Protection, Regional Permit Coordination Office, Domenic Rocco, PE, Program Manager, 400 Market Street, Harrisburg, PA 17101, RA-EPREGIONALPERMIT@pa.gov.
12. 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 SWQC. PADEP may require additional measures to achieve compliance with any applicable law or regulation.
13. 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.
14. Severability—The provisions of this SWQC are severable and should any provision of this SWQC be declared invalid or unenforceable, the remainder of the SWQC shall not be affected thereby.
Any person aggrieved by this action may file a petition for review pursuant to Section 19(d) of the Federal 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 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 as provided by law. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law. Important legal rights are at stake, so you should show this document to a lawyer promptly.
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 National Fuel Gas Supply Corp. FM-100 Project.
Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
WQ0083219-002, National Fuel Gas Supply Corp., 1100 State Street, Erie, PA 16512. FM-100 Project (Project), in Cameron, Clearfield, Clinton, Elk, McKean, and Potter Counties, Baltimore and Pittsburgh Corps Districts. The proposed project involves modernization of a portion of the existing pipeline system, and abandonment of aging infrastructure. The modernization portion of the project starts in Sergeant Township, McKean County (Latitude: 41.70265°; Longitude: -78.500103°) and ends in Allegany Township, Potter County (Latitude: 41.886014°; Longitude: -77.950358°). The abandonment portion of the project starts in Huston Township, Clearfield County (Latitude: 41.219814°; Longitude: 78.559042°) and ends in Portage Township, Potter County (Latitude: 41.589831°; Longitude: 78.058392°).
On July 18, 2019, the 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. CP19-491-000). The FERC Environmental Assessment for the Project, which was issued on February 7, 2020, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP19-491-000).
On November 15, 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 applicant is proposing the installation and maintenance of an approximately 29.5-mile-long, 20-inch diameter pipeline (Line YM58), a 0.4 mile 12-inch diameter pipeline (extension of existing Line KL), and a 1.4-mile-long 24-inch diameter pipeline loop (YM 224) and appurtenant facilities in various municipalities within Clinton County, McKean County and Potter County for the purpose of transportation of natural gas. The applicant is also proposing to abandon in place approximately 44.9 miles of 12-inch diameter steel natural gas pipeline and appurtenant facilities in various municipalities within Cameron County, Clearfield County, Elk County and Potter County. The Project, as proposed, will require approximately 555.8 acres of earth disturbance, and the following impacts to streams, floodways, and wetlands:
Cameron County: 1.32 acre of floodway impacts to Driftwood Branch Sinnemahoning Creek (TSF, MF) and Bennett Branch Sinnemahoning Creek (WWF, MF); 0.02 acre of temporary impacts to PSS wetlands.
Clearfield County: 1.68 acre of floodway impacts to Bennett Branch Sinnemahoning Creek (CWF, MF), Tributaries to Bennett Branch Sinnemahoning Creek (CWF, MF), Laurel Run (HQ-CWF, MF); 0.22 acre of temporary impacts to PEM and PSS wetlands.
Elk County: 5 feet of temporary impacts Medix Run (HQ-CWF, MF) and a tributary to Medix Run (HQ-CWF, MF); 0.05 acre of floodway impacts; 0.11 acre of temporary impacts to PEM wetlands.
McKean County: total of 1,062 feet of impacts to Tributaries to Wernway Hollow (HQ-CWF, MF), Tributary to Browns Mill Hollow Run (HQ-CWF), Robbins Brook and tributaries thereof (HQ-CWF), Donley Fork (HQ-CWF), Potato Creek (TSF), tributaries to Potato Creek (CWF), Coalbed Hollow (HQ-CWF), Bemis Hollow (HQ-CWF) and tributaries thereof, Allegheny Portage Creek (CWF) and tributaries thereof, Allegheny River (CWF) and tributaries thereof, Tributary to Benson Hollow (CWF), Coleman Creek (CWF) and tributaries thereof, Tributary to Jordan Hollow (CWF), Tributaries to Red Mill Brook (CWF), tributaries to Irons Hollow (CWF), Tributaries to Robbins Brook (HQ-CWF), Tributaries to Walcott Brook (CWF), Tributary to Fishing Creek (CWF), Tributaries to Warner Brook (HQ-CWF); 21.113 acres of floodway impacts; 13.783 acres of temporary impacts to PEM, PSS and PFO wetlands; and 1.744 acre of permanent impacts to PEM, PSS and PFO wetlands.
Potter County: total 282 feet of impacts to Jordan Hollow (CWF) and tributaries thereof, Ernst Hollow (CWF), Sartwell Creek (CWF) and tributaries thereof, Baker Hollow (CWF), Fishing Creek (CWF) and tributaries thereof, East Branch Fishing Creek (HQ-CWF) and tributary thereof, Whitney Creek (EV) and tributaries thereof, 4.113 acres of floodway impacts; 1.087 acre of temporary impacts to PEM, PSS and PFO wetlands; and 0.139 acre of permanent impacts to PEM, PSS, and PFO wetlands.
PADEP, by this notice, is proposing to issue a SWQC to National Fuel Gas Supply Corp. for the FM-100 Project. PADEP is proposing to certify that construction, operation and maintenance of the FM-100 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 FM-100 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 includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
7. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of 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 the 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 the SWQC. 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.
WATER OBSTRUCTIONS AND ENCROACHMENTS Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
Natural Fuel Gas Supply Corporation, 1100 State Street, Erie, PA 16512, FM 100 Project. The applicant is proposing the installation and maintenance of an approximately 29.5-mile-long, 20-inch diameter pipeline (line YM58), a 0.4 mile 12-inch diameter pipeline (extension of existing Line KL), and a 1.4-mile-long 24-inch diameter pipeline loop (YM 224) and appurtenant facilities in various municipalities within Clinton, McKean and Potter Counties for the purpose of transportation of natural gas. The applicant is also proposing to abandon in place approximately 44.9 miles of 12-inch diameter steel natural gas pipeline and appurtenant facilities in various municipalities within Cameron County, Clearfield County, Elk County and Potter County.
The project consists of 5 Chapter 105 Water Obstruction and Encroachment Permits and 1 Chapter 102 Erosion and Sediment Control Permit. Below are the Chapter 105 permit applications being reviewed by the Department.
E1283219-001. The Cameron County portion of the project is located in Gibson Township, Grove Township, Lumber Township & Driftwood Borough, U.S. Army Corps of Engineers, Baltimore District. The proposed project starts at the Elk County line (Latitude: 41° 19` 23.7"; Longitude 78° 14` 58.4") and extending to the Potter County line (Latitude: 41° 30` 55.5"; Longitude 78° 05` 44.0").
The proposed project impacts in Cameron County include a total of 1.32 acre of floodway impacts to Driftwood Branch Sinnemahoning Creek (TSF, MF) and Bennett Branch Sinnemahoning Creek (WWF, MF); 0.015 acre of temporary impacts to PSS wetlands. To compensate for the proposed temporary direct project impacts to PSS wetlands in Cameron County, the applicant is proposing 0.026 acre of wetland mitigation at an off-site location.
E1783219-001. The Clearfield County portion of the project is located in Hutson Township and Lawrence Township, U.S. Army Corps of Engineers, Baltimore District. The proposed project starts along State Route 0255 (Latitude: 41° 13` 11.22"; Longitude -78° 33` 32.60") and extending to the Elk County line (Latitude: 41° 14` 25.3"; Longitude 78° 25` 53.5").
The proposed project impacts in Clearfield County include a total of: 1.68 acre of floodway impacts to Bennett Branch Sinnemahoning Creek (CWF, MF), Tributaries to Bennett Branch Sinnemahoning Creek (CWF, MF), Laurel Run (HQ-CWF, MF); 0.22 acre of temporary impacts to PEM and PSS wetlands. To compensate for the proposed temporary direct project impacts to PSS wetlands in Clearfield County, the applicant is proposing 0.126 acre of wetland mitigation at an off-site location.
E2483219-001. The Elk County portion of the project is located in Benezette Township & Jay Township, U.S. Army Corps of Engineers, Baltimore District. The proposed project starts Clearfield County line (Latitude: 41° 14` 25.3"; Longitude 78° 25` 53.5") and extending Cameron County line (Latitude: 41° 19` 23.7"; Longitude 78° 14` 58.4").
The proposed project impacts in Elk County include a total of 5 feet of temporary impacts Medix Run (HQ-CWF, MF) and a tributary to Medix Run (HQ-CWF, MF); 0.05 acre of floodway impacts; 0.11 acre of temporary impacts to PEM wetlands.
E4283219-001. The McKean County portion of the project is located in Liberty Township, Norwich Township & Sergeant Township, U.S. Army Corps of Engineers, Pittsburgh District. The proposed project starts along Kin Foks Lane (Latitude: 41° 42` 18.5"; Longitude 78° 29` 37.2") and extending Potter Township line (Latitude: 41° 44` 0.3"; Longitude 78° 12` 8.4").
The proposed project impacts in McKean County include a total of 1,062 feet of impacts to Tributaries to Wernway Hollow (HQ-CWF, MF), Tributary to Browns Mill Hollow Run (HQ-CWF), Robbins Brook and tributaries thereof (HQ-CWF), Donley Fork (HQ-CWF), Potato Creek (TSF), tributaries to Potato Creek (CWF), Coalbed Hollow (HQ-CWF), Bemis Hollow (HQ-CWF) and tributaries thereof, Allegheny Portage Creek (CWF) and tributaries thereof, Allegheny River (CWF) and tributaries thereof, Tributary to Benson Hollow (CWF), Coleman Creek (CWF) and tributaries thereof, Tributary to Jordan Hollow (CWF), Tributaries to Red Mill Brook (CWF), tributaries to Irons Hollow (CWF), Tributaries to Robbins Brook (HQ-CWF), Tributaries to Walcott Brook (CWF), Tributary to Fishing Creek (CWF), Tributaries to Warner Brook (HQ-CWF); 21.113 acres of floodway impacts; 13.783 acres of temporary impacts to PEM, PSS and PFO; and 1.744 acre of permanent impacts to PEM, PSS and PFO wetlands. To compensate for the proposed temporary direct and permanent indirect project impacts to PFO and PSS wetlands in McKean County, the applicant is proposing 4.851 acres of wetland mitigation at an off-site location.
E5383219-001. The Potter County portion of the project is located in Pleasant Valley Township, Portage Township, Roulette Township & Wharton Township, U.S. Army Corps of Engineers, Pittsburgh District. The proposed Line YM58 project starts McKean County line (Latitude: 41° 44` 0.3"; Longitude 78° 12` 8.4") and near Carpenter Road (Latitude: 41° 51` 27.6"; Longitude 78° 01` 01.1"). The proposed project impacts in Potter County include a total 282 feet of impacts to Jordan Hollow (CWF) and tributaries thereof, Ernst Hollow (CWF), Sartwell Creek (CWF) and tributaries thereof, Baker Hollow (CWF), Fishing Creek (CWF) and tributaries thereof, East Branch Fishing Creek (HQ-CWF) and tributary thereof, Whitney Creek (EV) and tributaries thereof, 4.113 acres of floodway impacts; 1.087 acre of temporary impacts to PEM and PSS wetlands; and 0.139 acre of permanent impacts to PEM and PSS wetlands. To compensate for the proposed temporary direct and permanent indirect project impacts to PSS wetlands in Potter County, the applicant is proposing 0.586 acre of wetland mitigation at an off-site location.
EROSION AND SEDIMENT CONTROL The following parties have applied for Erosion and Sediment Control Permits for earth disturbance associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities.
Unless otherwise indicated, on the basis of preliminary review and application of lawful standards and regulations, the Department proposes to issue a permit to discharge, subject to certain limitations in the permit conditions. These proposed determinations are tentative. Limitations are provided as erosion and sediment control best management practices which restrict the rate and quantity of sediment discharged.
Applications Received Under Sections 5 and 402 of the Clean Streams Law (35 P.S. §§ 691.5 and 691.402).
Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
ESG830019003-00. The Department of Environmental Protection (Department) provides notice of receipt of an application for a Chapter 102, Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment Operations or Transmission Facilities. The application is currently under technical review for FM 100 Project.
This authorization is required for earth disturbance activities associated with oil and gas exploration, production, processing or treatment operations or transmission facilities when earth disturbance is five acres or greater. Review of this application is being coordinated among the Department and the associated county conservation districts.
The application under review is as follows:
Permit No. Applicant Name & Address: Counties: DEP Office: ESG830019003-00 National Fuel Gas Supply Corporation
1100 State Street
Erie, PA 16512
McKean County,
Potter County,
Cameron County,
Elk County,
Clearfield County,
Clinton CountyRegional Permit Coordination Office
PUBLIC COMMENTS FOR STATE WATER QUALITY CERTIFICATION, WATER OBSTRUCTIONS AND ENCROACHMENTS AND/OR EROSION AND SEDIMENT CONTROL A person wishing to comment on a proposed permit are invited to submit a statement to the appropriate Department office listed before the application within 30 days of this public notice. Comments reviewed within this 30-day period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and relevant facts upon which it is based. A public hearing may be held after consideration of comments received by the appropriate Department office during the 30-day public comment period.
Following the 30-day comment period, the program manager from the appropriate Department office will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to United States Court of Appeals for the 3rd Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790.
More information regarding the permit applications related to this proposed project may be available online (dep.pa.gov/pipelines) or in the Department's Regional Permit Coordination Office. The Department's Regional Permit Coordination Office can be contacted at 717-772-5987 or RA-EPREGIONALPERMIT@pa.gov.
Comments on the applications can be emailed or sent via postal mail to the Department of Environmental Protection, Regional Permit Coordination Office, Rachel Carson Building, 400 Market Street, 10th Floor, Harrisburg, PA 17101, RA-EPREGIONALPERMIT@pa.gov.
Persons with a disability that require an auxiliary aid, service or other accommodation to participate during the 30-day public comment period should contact the specified Department office. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
[Pa.B. Doc. No. 20-543. Filed for public inspection April 17, 2020, 9:00 a.m.]
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