[47 Pa.B. 1776]
[Saturday, March 25, 2017]
[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
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
17080102 and NPDES PA0256722. Forcey Coal, Inc. (P.O. Box 225, 475 Banion Road, Madera, PA 16661). Permit revision to change land use from Forestland to Pastureland/Land Occasionally Cut for Hay on a bituminous surface mine in Bigler and Beccaria Townships, Clearfield County affecting 100.0 acres. Receiving stream(s): Unnamed Tributary to Banian Run, Banian Run, and Unnamed Tributaries to Muddy Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: January 18, 2017. Permit issued: March 8, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54070101R2. Premium Fine Coal, Inc., (PO Box 268, Tamaqua, PA 18252), renewal of an existing anthracite surface mine operation in Blythe Township, Schuylkill County affecting 121.6 acres, receiving streams: Silver Creek and unnamed tributaries to Schuylkill River. Application received: November 15, 2016. Renewal issued: March 10, 2017.
Permit No. PAM111009R. Premium Fine Coal, Inc., (PO Box 268, Tamaqua, PA 18252), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54070101 in Blythe Township, Schuylkill County, receiving streams: Silver Creek and unnamed tributaries to Schuylkill River. Application received: November 15, 2016. Renewal issued: March 10, 2017.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
42160801. Edward S. Kocjancic (20 Laurel Avenue, Kane, PA 16735) Commencement, operation and restoration of a small industrial minerals mine in Wetmore Township, McKean County, affecting 5.0 acres. Receiving streams: Unnamed tributary to Hubert Run. Application received: June 24, 2016. Permit Issued: March 6, 2017.
PAM616012. Edward S. Kocjancic (20 Laurel Avenue, Kane, PA 16735) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 42160801 in Wetmore Township, McKean County. Receiving streams: Unnamed tributary to Hubert Run. Application received: June 24, 2016. Permit Issued: March 6, 2017.
PAM612007. Sam H. Barnhart & Son (41520 Diamond Street, Titusville, PA 16354) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 20122802 in Oil Creek Township, Crawford County. Receiving streams: Unnamed tributary to Oil Creek. Application received: February 6, 2017. Permit Issued: March 6, 2017.
PAM617001. 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. 37910305 in Plain Grove Township, Lawrence County. Receiving streams: Taylor Run. Application received: February 9, 2017. Permit Issued: March 9, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
PAM206012. Iddings Quarry, Inc. (900 Chestnut Street, Mifflinburg, PA 17844), hereby approves the Notice of Intent (NOI) submitted for coverage to discharge stormwater associated with mining activities on Surface Mining Permit No. 6076SM1 to the following surface water(s) in Limestone Township, Union County. Receiving stream(s): Unnamed Tributary to Buffalo Creek. Application received: July 18, 2016. Permit Issued: February 3, 2017.
PAM216010. Iddings Quarry, Inc. (900 Chestnut Street, Mifflinburg, PA 17844), hereby approves the Notice of Intent (NOI) submitted for coverage to discharge stormwater associated with mining activities on Surface Mining Permit No. 60910302 to the following surface water(s) in Limestone Township, Union County. Receiving stream(s): Unnamed Tributary to Buffalo Creek. Application received: July 18, 2016. Permit Issued: February 3, 2017.
14050301 and NPDES PA0256161. Graymont (PA) Inc. (965 East College Avenue, Pleasant Gap, PA 16823). Transfer of an existing large noncoal surface mine from Glenn O. Hawbaker, Inc. and revision to allow reclamation fill located in Spring Township, Centre County affecting 39.0 acres. Receiving stream(s): Spring Creek classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: June 20, 2016. Permit issued: March 9, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 7876SM1C and NPDES Permit No. PA0595721. New Enterprise Stone & Lime Co., Inc. d/b/a Eastern Industries, Inc., (3724 Crescent Court West, Suite 200, Whitehall, PA 18052), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Whitehall Township, Lehigh County affecting 89.3 acres, receiving stream: Coplay Creek. Application received: December 12, 2012. Renewal issued: March 9, 2017.
Permit No. 7973SM5C8 and NPDES Permit No. PA0223352. Eureka Stone Quarry, Inc., (800 Lower State Road, Chalfont, PA 18976), correction to increase the discharge rate of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Wrightstown Township, Bucks County affecting 158.6. Application received: November 26, 2013. Correction issued: March 9, 2017.
Permit No. 5273SM2C18 and NPDES Permit No. PA0594130. Hanson Aggregates PA, LLC, (7660 Imperial Way, Allentown, PA 18195), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Thornbury and Middletown Townships, Delaware County affecting 247.3 acres, receiving stream: unnamed tributary to Chester Creek. Application received: December 18, 2013. Renewal issued: March 9, 2017.
Permit No. 4873SM1A1C14 and NPDES Permit No. PA0020451. Magnesita Refractories Company, (425 Salem Church Road, York, PA 17408), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in West Manchester Township, York County affecting 621.7 acres, receiving streams: Honey Run and unnamed tributary to Codorus Creek. Application received: April 14, 2014. Renewal issued: March 9, 2017.
Permit No. 7973SM6C10 and NPDES Permit No. PA0120979. Eureka Stone Quarry, Inc., (800 Lower State Road, Chalfont, PA 18976), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Wrightstown Township, Bucks County affecting 35.68 acres, receiving stream: unnamed tributary to Mill Creek. Application received: August 1, 2014. Renewal issued: March 9, 2017.
Permit No. 7973SM5C9 and NPDES Permit No. PA0223352. Eureka Stone Quarry, Inc., (800 Lower State Road, Chalfont, PA 18976), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Wrightstown Township, Bucks County affecting 158.6 acres, receiving stream: Neshaminy Creek. Application received: March 12, 2015. Renewal issued: March 9, 2017.
Permit No. 66100301C and NPDES Permit No. PA0224839. Meshoppen Stone, Inc., (PO Box 127, Meshoppen, PA 18630), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Meshoppen Township, Wyoming County affecting 220.2 acres, receiving stream: unnamed tributary to Meshoppen Creek. Application received: August 12, 2016. Renewal issued: March 9, 2017.
Permit No. 4874SM1C12 and NPDES Permit No. PA0119628. County Line Quarry, Inc., (409 Stenton Avenue, Flourtown, PA 19031), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Wrightsville Borough and Hellam Township, York County affecting 285.12 acres, receiving stream: Kreutz Creek. Application received: August 29, 2016. Renewal issued: March 9, 2017.
Permit No. 38870301C16. Pennsy Supply, Inc., (PO Box 3331, Harrisburg, PA 17105), correction to allow a 100 foot highwall variance from 420-foot bench to 320-foot bench of an existing quarry operation in North Londonderry and South Annville Townships and Annville Borough, Lebanon County affecting 1,064.5 acres, receiving streams: Killinger and Quittapahilla Creeks. Application received: March 9, 2015. Correction issued: March 13, 2017.
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.
14174101. Douglas Explosives, Inc. (2052 Philipsburg-Bigler Highway, Philipsburg, PA 16866). Blasting for residential development at The Gates Phase 3 located in Harris Township, Centre County with an expiration date of February 1, 2018. Permit issued: March 6, 2017.
08174101. M & J Explosives (P.O. Box 1248, Carlisle, PA 17013). Blasting for Ambrosius Well Pad located in Wilmot Township, Bradford County with an expiration date of March 1, 2018. Permit issued: March 6, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 22174102. M & J Explosives, LLC, (P.O. Box 1248, Carlisle, PA 17013), construction blasting for Stray Winds 3B in Lower Paxton Township, Dauphin County with an expiration date of March 1, 2018. Permit issued: March 8, 2017.
Permit No. 48174103. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Majestic Business Center Lot 5 in the City of Bethlehem, Northampton County with an expiration date of March 6, 2018. Permit issued: March 8, 2017.
Permit No. 38174104. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Roy Weaver chicken houses in West Cornwall Township, Lebanon County with an expiration date of December 30, 2017. Permit issued: March 9, 2017.
Permit No. 38174105. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Bachman Run in South Annville Township, Lebanon County with an expiration date of February 28, 2018. Permit issued: March 9, 2017.
Permit No. 46174102. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Reserves at Walnut Creek in Montgomery Township, Montgomery County with an expiration date of March 6, 2018. Permit issued: March 9, 2017.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO 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.
E45-600. Saylorsburg Lake Fishing Association, 14605 Manor Road, Phoenix, MD 21131. Hamilton Township, Monroe County, Army Corps of Engineers Philadelphia District.
To remove approximately 400 cubic yards of accumulated sediment from a 0.2 acre area of Saylors Lake (HQ-CWF) using hydraulic dredging equipment at the northern end of the lake adjacent to Clubhouse Road. The project is located directly south of Clubhouse Road (Saylorsburg, PA Quadrangle Latitude: 40.902597; Longitude: -75.315368). Subbasin 1E.
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E07-464: Blair County Conservation District, 1407 Blair Street, Hollidaysburg, PA 16648, Hollidaysburg Borough, Blair County, U.S. Army Corps of Engineers, Baltimore District.
To construct and maintain an outdoor Environmental Education & Recreation Park. The Phase 1 development will include construction of walking trails, ADA parking and access, amphitheater, pavilions, stormwater and garden demonstration areas, and interpretive signage Phase 1 is located within the regulatory floodplain of the Beaverdam Branch of the Juniata River (WWF, MF). Impacts within the floodplain involve grading, installation of driveway/ADA parking spaces, trails, walkways, demonstration gardens and two picnic pavilions. The project is located south of Hollidaysburg Borough, northeast of the intersection of Bedford Street and S.R. 0036 (Hollidaysburg, PA Quadrangle, Latitude: 40°25`17", Longitude: -78°23`34.9") in Hollidaysburg Borough, Blair County.
E21-452: Hager West Shore, LP, Mr. Francis J. Hager Jr., 17 Kippling Drive, Moosic, PA 18507, Hampden Township, Cumberland County, U.S. Army Corps of Engineers, Baltimore District.
To fill and maintain 0.02 acre of Palustrine Emergent (PEM)/Palustrine Forested (PFO) wetland for the purpose of constructing an approximately 15,000 square foot retail building at 6390 Carlisle Pike (Latitude: 40°14`46", Longitude: 77°00`17") in Hampden Township, Cumberland County.
E06-708: Pennsylvania Department of Transportation, Engineering District 5-0, 1002 Hamilton Street, Allentown, PA 18101, Leesport Borough, Berks County, U.S. Army Corps of Engineers, Baltimore District.
To remove existing structure and to install and maintain a 214 linear foot × 39 foot 4.5 inch bridge over the Schuylkill River (WWF, MF) with a temporary causeway for use during construction for the purpose of improving transportation safety and roadway standards. The project will directly affect 156.6 linear feet of Stream Channel. The project is located in Leesport Borough Berks County (Latitude: 40° 26 ` 43.7"; Longitude: -75° 58` 06.6").
Southwest Region: Waterways & Wetlands Program, 500 Waterfront Drive, Pittsburgh, PA 15222, Rita A. Coleman (412) 442-4149.
E30-247, Morris Township, 1317 Browns Creek Road, Sycamore, PA 15364, Morris Township, Greene County, ACOE Pittsburgh District.
Has been given consent to:
1. Construct and maintain a 170 LF stream enclosure of an unnamed tributary of Enlow Fork (AKA Tributary 32758), to construct a 20 LF apron on the downstream end of the enclosure, to construct a 18 LF apron on the upstream end of the enclosure, to relocate 23 LF of the same unnamed tributary downstream from the enclosure, to relocate 68 LF of the same unnamed tributary upstream from the enclosure, grade the floodway along 102 LF of the same unnamed tributary of Enlow Fork (WWF) and to construct and maintain two outfall structures within this same length;
2. Remove an existing 112 LF stream enclosure of a second unnamed tributary of Enlow Fork (AKA Tributary 32753B) and to construct and maintain in its place a 138 LF stream enclosure, with wingwalls and a 15 LF rock apron, and to place and maintain fill in the floodway of 60 LF of this second unnamed tributary of Enlow Fork (WWF);
3. Remove an existing 88 LF stream enclosure of a third unnamed tributary of Enlow Fork (AKA Tributary 32753A) and to construct and maintain in its place a 112 LF stream enclosure, with wingwalls and a 20 LF rock apron, place and maintain fill in the floodway of 30 LF of this third unnamed tributary of Enlow Fork (WWF);
4. Construct and maintain a riprap apron within 30 LF of a fourth unnamed tributary of Enlow Fork (AKA Tributary 32758B) (WWF);
5. Place and maintain fill within 36 LF of a fifth unnamed tributary of Enlow Fork (AKA Tributary 32758C-1) (WWF);
6. To relocate 19 LF of 32758B-3 of a sixth unnamed tributary of Enlow Fork (AKA Tributary 32758B-3).
7. Place and maintain fill with a cumulative total of 0.063 acre of PEM wetland by placing and maintaining fill in 5 PEM wetland areas;
8. Have secondary impact on one wetland due to hydrologic having a cumulative impact to 0.018 acre of PEM wetland,
In order to relocate three roads (SR 4013, SR 4009, and Power School Road) to provide for Bailey Coal Refuse Disposal Areas. As mitigation, the applicant proposes to mitigate approximately 750 LF of another Unnamed Tributary of Enlow Fork (AKA Tributary 32753) (WWF), and to create and maintain a minimum of 0.081 acre of PEM wetland. The project is located at the intersection of SR 4013 and SR 4009 (Wind Ridge, PA and Rogersville, PA U.S.G.S. Topographic Quadrangles; N: 16.3 inches; W: 0.3 inches (Wind Ridge, PA); Latitude: 39° 57` 54.8"; Longitude: -80° 22` 35.2"; Sub-basin 20E), in Morris Township, Greene County.
E32-517, Plenary Walsh Keystone Partners, 2000 Cliff Mine Road, Park West Two, Third Floor, Pittsburgh, PA 15275, Conemaugh Township, Indiana County, ACOE Pittsburgh District.
Has been given consent to:
1. To remove an existing single span, concrete T-beam bridge and construct and maintain a replacement single span concrete box culvert, with a span of 24` and an under clearance of 8`-6" over Marshall Run (CWF) impacting 102 LF of the stream;
2. Place and maintain fill in a de minimus acreage of PEM wetland;
3. Construct, remove, and restore temporary construction related encroachments of 65 LF of Marshall Run (CWF) and a de minimus acreage of PEM wetland.
The project is associated with the SR 3007 improvement project, and is located approximately 0.06 mile east of Clarksburg, PA (Avonmore Quadrangle, Latitude: 40° 31` 41.4", Longitude: -79° 22` 30.9") in Conemaugh Township, Indiana County.
Northwest Region: Oil and Gas Management Program Manager, 230 Chestnut Street, Meadville, PA 16335.
E25-08-001, National Fuel Gas Supply Corporation, 1100 State Street, Erie, PA 16501. Summit Well Abandonment Project in Summit Township, Erie County, Army Corps of Engineers Pittsburgh District (Erie South, PA Quadrangle N: 42.044722; W: -80.033411).
The applicant proposes to plug and abandon seven natural gas storage wells and their associated well lines. The project will also require creation of a permanent access road and improvement of several others.
Project Impacts Include:
0.78 acre of temporary impact to palustrine emergent (PEM) wetland; 0.39 acre of permanent impact to Palustrine Forested (PFO) Wetland and Palustrine Scrub Shrub (PSS) Wetland and will have 0.12 acre of temporary floodway impact to UNTs' to Walnut Creek. No permanent floodway impacts are being proposed.
National Fuel Gas is proposing to mitigate for PFO and PSS wetland impacts by enhancing 0.40 acre of wetlands with tree plantings.
WATER QUALITY CERTIFICATIONS REQUESTS Northwest Region: Oil and Gas Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Certification Request initiated by National Fuel Gas Supply Corporation. Summit Township, Erie County, ACOE Pittsburgh District.
WQC WQ25-08-001. On April 19, 2016 the Commonwealth of Pennsylvania (''Commonwealth'') Department of Environmental Protection (''DEP'') received a request for Water Quality Certification under Section 401 of the Federal Clean Water Act, the Pennsylvania Dam Safety and Encroachments Act, and The Pennsylvania Clean Streams Law from National Fuel Gas Supply Corporation, 1100 State Street, Erie, PA 16501-1912 (''NFG'') for the plugging and abandonment of storage wells referred to as National Fuel Gas Supply Corporation, Summit Well Abandonment Project (''Project''). The DEP File number for this request is WQ25-08-001. Pennsylvania's State Water Quality Certification is required for the US Army Corps of Engineers permit under Section 404 of the Federal Clean Water Act, and the Federal Energy Regulatory Commission (''FERC'') certificate that will be filed by the applicant.
The project consists of plugging and abandonment of seven natural gas storage wells and associated well lines in Summit Township, Erie Pennsylvania (Erie South, PA Quadrangle N: 42° 2` 41"; W: -80° 2` 0.28"). The Project work will include seven project areas around Wells 1509, 1523, 1548, 1558, 1564, 1576, and 1583. The project will also require temporary workspace at the wells and cut and cap locations, the use of existing access roads and the creation of temporary and permanent access roads to access the wells.
The Department, by this notice, proposes to certify that the construction, operation, and maintenance of the Project by NFG 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 proposes to certify that the construction, operation and maintenance of the Project complies with Commonwealth water quality standards and that the construction, operation, and maintenance of the Project does not violate applicable Commonwealth water quality standards provided that the construction, operation, and maintenance of the project complies with the conditions proposed for this certification, including the criteria and conditions of any applicable permits required by the Department.
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, PO 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.
Northcentral Region: Waterways & Wetlands Program Manager, 208 W Third Street, Williamsport, PA 17701.
ESCP 2 # ESG001117150002(1)
Applicant Name Tennessee Gas Pipeline Company
Contact Person Nicole K. Pedigo
Address 1001 Louisana Street, Suite 1000
City, State, Zip Houston, TX 77002
County Tioga
Township(s) Shippen, Charleston and Tioga Townships
Receiving Stream(s) and Classification(s) Tioga River (WWF), Hills Creek (WWF), Left Straight Run (HQ, CWF)Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESX16-059-0006
Applicant Name Rice Midstream Holdings, LLC
Contact Person Kyle Shirey
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Perry Township
Receiving Stream(s) and Classification(s) Blacks Run (WWF), Little Shannon Run (CWF), UNT to Little Shannon Run (CWF)
Secondary—Dunkard CreekESCGP-2 # ESX16-125-0027
Applicant Name MarkWest Liberty Midstream Resources, LLC
Contact Person Rick Lowry
Address 4600 J. Barry Court, Suite 500
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Blaine and Donegal Townships
Receiving Stream(s) and Classification(s) UNTs to Buck Run (HQ-WWF)
Secondary—Buffalo CreekNorthwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESG16-019-0022A—Shuler to Bergbigler Temporary Waterline
Applicant XTO Energy Inc.
Contact Melissa Breitenbach
Address 190 Thorn Hill Road
City Warrendale State PA Zip Code 15086
County Butler Township(s) Summit & Clearfield Town-
ships
Receiving Stream(s) and Classification(s) UNTs to Bonnie Brook (WWF), UNTs to Little Buffalo Run (HQ-CWF)/
Connoquenessing Creek, Buffalo CreekESCGP-2 # ESX16-005-0008—Renshaw Waterline
Applicant Snyder Brothers, Inc.
Contact Carl Rose
Address 90 Glade Drive
City Kittanning State PA Zip Code 16201
County Armstrong Township(s) South Buffalo
Receiving Stream(s) and Classification(s) Watson Run, Tributary 46151 to Allegheny River, Tributary 46165 to Allegheny River, Hill Run, Allegheny River WWFESCGP-2 # ESG16-125-0036—Cross Creek Twp 1 Im-
poundment
Applicant Range Resources Appalachia, LLC
Contact Karl Matz
Address 3000 Town Center Boulevard
City Canonsburg State PA Zip Code 15317-5839
County Washington Township(s) Cross Creek
Receiving Stream(s) and Classification(s) UNT to South Fork Cross Creek, South Fork Cross Creek HQ-WWFESCGP-2 # ESX13-019-0005A—Cratty Well Pad
Applicant EM Energy PA, LLC
Contact Mr. Hugh Caperton
Address 1800 Main Street Suite 220
City Canonsburg State PA Zip Code 15317
County Butler Township(s) Allegheny
Receiving Stream(s) and Classification(s) Tributary 51142 to Lowrey Run/Middle Allegheny-Tionesta
SPECIAL NOTICES
Air Quality; Notice of Proposed Revision to the State Implementation Plan for Oxides of Nitrogen, Volatile Organic Compounds, Requests for Public Hearing, and Notice of Intent to Issue Revised Air Quality Operating Permit 41-00001 Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Program Manager, 570-327-3648.
Approval of a Reasonably Available Control Technology (RACT II) plan for Transcontinental Gas Pipeline, LLC located in Mifflin Township, Lycoming County.
In accordance with 25 Pa. Code §§ 129.96—129.100, the Department of Environmental Protection has made a preliminary determination to approve a RACT II plan and an amendment to the State Implementation Plan (SIP) for Salladasburg Station 520 owned and operated by Transcontinental Gas Pipeline, LLC in Mifflin Township, Lycoming County.
The proposed SIP revision does not adopt any new regulations. It incorporates the provisions and requirements contained in the amended RACT II approval for the facility, which are intended to satisfy the requirements for the 1997 National Ambient Air Quality Standard (NAAQS) and the 2008 NAAQS for ozone.
The proposed amendments to the RACT II determination, if finally approved, will be incorporated into a revised operating permit (41-00001) for the facility. The relevant RACT II requirements will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to Pennsylvania's State Implementation Plan and will remain in effect until replaced pursuant to 40 CFR 51 and approval by the EPA. Requirements that are not part of the RACT II determination will be excluded from the SIP submittal includes the provisions of the Department's presumptive Reasonably Available Control Technology (RACT II) requirements in accordance with 25 Pa. Code § 129.97, as they apply to existing sources at this facility.
The following is a summary of the proposed amendments to the RACT II determination for this operation that will be submitted to the EPA as a SIP revision:
Source RACT II Requirement One 12,600 hp, natural gas-fired, Solar Mars model MARS compressor turbine For nitrogen oxides: emission limits of 79.3 pounds per hour and 95.2 tons per 12 consecutive month period; operation restricted to 2,400 hours in any 12 consecutive month period; five year source testing; appropriate recordkeeping. One 12,600 hp, natural gas-fired, Solar Mars model MARS compressor turbine For nitrogen oxides: emission limits of 79.3 pounds per hour and 133.2 tons per 12 consecutive month period; operation restricted to 3,360 hours in any 12 consecutive month period; five year source testing; appropriate recordkeeping. Public hearing. A public hearing will be held if requested by April 18, 2017 to accept oral comments on the proposed operating permit revision and the proposed SIP revision. The hearing will be held, if requested, on April 25, 2017, at 10:00 a.m. at the DEP Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448. To request a hearing, to register to speak at a hearing, or to inquire if a hearing will be held, please contact Dan Husted at 570-327-3640. The last day to pre-register to speak at a hearing, if one is held, will be April 18, 2017.
Any updates made to any aspect of the hearing, including whether or not a hearing will be held, will be posted at http://www.dep.pa.gov/About/Regional/North-central-Regional-Office/Pages/default.aspx. Contact Dan Husted at 570-327-3640 or monitor this web site to determine if a hearing will be held.
Persons wishing to present testimony at the hearing should contact Dan Husted at 570-327-3640 at least one week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to a maximum of 10 minutes per individual and two written copies of the oral testimony are requested. Each organization is requested to designate one witness to present testimony on its behalf. Persons unable to attend the hearing, if it is held, may submit three copies of a written statement and exhibits within 10 days thereafter to Muhammad Q. Zaman, Environmental Program Manager, Department of Environmental Protection, Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.
Persons wishing to file a written protest or provide comments or additional information, which they believe should be considered prior to the issuance of a permit, may submit the information to Muhammad Q. Zaman, Environmental Program Manager, Department of Environmental Protection, Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448. A 30-day comment period from March 25, 2017 will exist for the submission of comments, protests and information. Each submission must contain the name, address and telephone number of the person submitting the comments, identification of the proposed RACT II Operating Permit including the permit number and a concise statement regarding the relevancy of the information or objections to issuance of the proposed RACT II Plan.
All pertinent documents are available for public review between 8 a.m. and 4 p.m. at the DEP Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448. Appointments for scheduling a review may be made by calling the Department at 570-327-0550.
Plan Revision Approval under the Municipal Waste Planning, Recycling and Waste Reduction Act
of 1988, Act 101Southwest Region: Waste Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
The Department of Environmental Protection (Department) approved the 2016 Armstrong County Municipal Waste Management Plan Revision on March 7, 2017.
Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P.S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law), 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 Environmental Hearing Board (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 any right of appeal beyond that permitted by applicable statutes and decision law.
For individuals who wish to challenge an action, appeals 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.
The plan revision is a public document and may be viewed at the Department Regional Office previously noted.
Questions concerning this approval should be directed to Lawrence Holley, Environmental Program Manager, Department of Environmental Protection, Bureau of Waste Management, Division of Waste Minimization and Planning, P.O. Box 8472, Harrisburg, PA 17105-8472 or to Sharon Svitek, Regional Recycling and Planning Supervisor, Bureau of Waste Management at the previous Regional Office.
Final State Water Quality Certification Required by Section 401 of the Clean Water Act for the Equitrans, L.P. TP-371 Pipeline
Replacement ProjectSouthwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Rita A. Coleman, 412-442-4000.
EA03-005-A2, Equitrans, L.P. (Applicant), 625 Liberty Avenue, Suite 1700, Pittsburgh, PA 15222-3114. TP-371 PL Replacement Project (Project), in Conemaugh and Young Townships and Borough of Blairsville, Indiana County and Burrell, Cowanshannock, Kittanning, Kiskiminetas, Plumcreek, and South Bend Townships Armstrong County, in ACOE Pittsburgh District. The proposed project starts approximately 0.8 mile south of the intersection of State Route 85 and Margaret Road in Cowanshannock Township, Armstrong County (Rural Valley, PA Quadrangle Latitude: 40°, 47`, 31"; Longitude: -79°, 21`, 52") and ends approximately 0.35 mile northeast of the intersection of Saltsburg Road and Clarksburg Road in Conemaugh Township, Indiana County (McIntire, PA Quadrangle Latitude: 40°, 30`, 52"; Longitude: -79°, 20`, 57").
On July 10, 2015, 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. CP15-528). The FERC Environmental Assessment for the Project, which was issued on March 1, 2016 may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-528). The Partial Notice to Proceed with Construction Activities was issued on May 6, 2016.
On October 26, 2015, Applicant 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 Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act. State water quality certification was granted on March 17, 2016.
The previously approved project (DEP File # EA03-005) allowed approximately 331 acres of earth disturbance, and impacts to approximately 6,987 linear feet of Huskins Run (WWF), Cherry Run (CWF), Long Run (WWF), Fagley Run (WWF), Crooked Creek (WWF), Whiskey Run (CWF), Nesbit Run (CWF), Blacklegs Creek (CWF), Marshall Run (CWF), and Unnamed Tributaries of Huskins Run (WWF), Cherry Run (CWF), Fagley Run (WWF), Crooked Creek (WWF), Whisky Run (CWF), Nesbit Run (CWF), and Marshall Run (CWF), 3.44 acres of temporary Palustrine Emergent and Palustrine Scrub Shrub wetland impacts, and 0.83 acre of Palustrine Emergent and Palustrine Scrub Shrub permanent impacts.
Most recently, on September 20, 2016, Applicant 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) for proposed revisions to the previously approved line route, to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
In order to amend the Project as approved by FERC, the applicant anticipates submitting a variance request under the same docket number. Once submitted, the request may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-528).
The Project includes the replacement of approximately 21 miles of 12-inch diameter pipeline with 20-inch diameter pipeline, for the purpose of allowing for the modernization of the TP-371 pipeline for integrity assessment through the use of in-line inspection. The replacement pipeline will be offset 10 to 15 feet from the existing pipeline. The existing 12-inch pipeline will be abandoned in place. The new pipeline will utilize portions of the existing right-of-way during construction. Approximately 19.2 miles, or 91.4 percent of the proposed Project will be collocated with existing ROW. Ancillary facilities proposed as part of the Project include a pig launcher receiver, cathodic protection ground beds and mainline valves that will be installed along the proposed pipeline. In addition, tie-ins will be transferred over to the new pipeline via pipeline taps to maintain service to customers. The Project will also include the abandonment and/or replacement of pigging facilities as well as existing ancillary facilities such as taps and valves. The project will also utilize horizontal directional drilling techniques for 2 locations.
One new permanent and thirteen new temporary access roads are planned for the Project. Two permanent and twenty-six access roads will utilize existing access or paved driveways. The pipeline shall be installed using a typical 100-foot wide limit of disturbance (LOD) for pipeline construction with areas of temporary work space adjacent to the LOD, and a typical 25-foot LOD for the access roads to allow access to the pipeline. The construction ROW will be reduced to a 75-foot-width at streams and wetlands. The permanent ROW width will be 50 feet centered on the pipeline. There is no anticipated permanent increase in impervious area or in stormwater runoff due to the construction of the pipeline.
The proposed revisions will involve a re-routing of three discontinuous sections of the previously approved pipeline route within the Cherry Run Watershed (approximately 1,750 LF of 20" diameter pipeline, 6,545 LF of 20" diameter pipeline, and 1,647 LF of 20'' diameter pipeline), and will involve approximately 11.7 acres of new earth disturbance, and impacts to approximately 271.5 linear feet of Unnamed Tributaries of Cherry Run (CWF). These modifications reduce overall stream impacts associated with the project by 1,321.1 linear feet of unnamed tributaries of Cherry Run (CWF). The net impact is -1,049.6 linear feet to unnamed tributaries of Cherry Run. Additionally, these proposed modifications result in fewer impacts to wetlands. The proposed modification will result in 4 fewer Palustrine Emergent wetland crossings, reducing wetland impacts associated with the project by 4,699.7 square feet. No new wetland crossings are anticipated.
The Department published notice of its proposed State water quality certification in the Pennsylvania Bulletin on November 26, 2016 (46 Pa.B. 7451) and received 1 comments from the public. The Department has reviewed the comments received and no changes were made to the final certification.
The Department certifies to Applicant that the construction, operation and maintenance of the Project will not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93, provided Applicant complies with the permitting programs, criteria and conditions established pursuant to State law:
1. Discharge Permit—Applicant shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a 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).
4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of 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 during such inspections of the Project.
7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Rita A. Coleman, Program Manager, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
9. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
10. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
11. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
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 within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Important legal rights are at stake, so you should show this document to a lawyer at once.
Final State Water Quality Certification Required by Section 401 of the Clean Water Act for the Tri-County Bare Steel Pipeline Replacement Project, as Amended DEP File No. EA30-004-A1, Columbia Gas Transmission, LLC (Applicant), 1700 S MacCorkle Avenue, SE, Charleston, WV 25314. Tri-County Bare Steel Pipeline Replacement Project (Project), in Greene, Washington and Allegheny Counties, in ACOE Pittsburgh District.
Within Greene County, this project begins approximately 0.25 mile south of the intersection between Hagan Creek Road and Hero Road (Wadestown, W.VA-PA USGS topographic quadrangle; Latitude: 39° 43` 17.45"; Longitude: -80° 21` 0.48"), in Gilmore Township, Greene County, through Center and Wayne Townships (Holbrook, PA and Oak Forest, PA USGS topographic quadrangles), and ends approximately 0.32 mile East of where S.R. 18 crosses over South Fork Tenmile Creek (Waynesburg, PA USGS topographic quadrangle; Latitude: 39° 53` 45.27"; Longitude: -80° 13` 2.09"), in Franklin Township, Greene County.
Within Washington County, this project begins near the interchange between S.R. 40 and I-79 (Washington East, PA USGS topographic quadrangle; Latitude: 40° 8` 53.01"; Longitude: -80° 12` 11.92"), in Amwell Township, Washington County, and continues, in discontinuous segments, through Canonsburg and Houston Boroughs, and Chartiers, North Strabane and South Strabane Townships, until a point that is approximately 0.5 mile NW of the intersection between Reissing Road and Cecil Reissing Road (Canonsburg, PA USGS topographic quadrangle; Latitude: 40° 20` 59.51"; Longitude: -80° 12` 14.91"), in Cecil Township, Washington County.
Within Allegheny County, this project begins approximately 1,360' west of the intersection between Reissing Road and Cecil Reissing Road (Canonsburg, PA USGS topographic quadrangle; Latitude: 40° 21` 9.72"; Longitude: -80° 12` 14.42"), in South Fayette Township, Allegheny County, and ends near the intersection of North Branch Road and Third Ave (Oakdale, PA USGS topographic quadrangle; Latitude: 40° 24` 45.58"; Longitude: -80° 12` 33.42"), in North Fayette Township, Allegheny County.
On February 20, 2015, 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. CP15-95-000). The FERC Environmental Assessment for the Project, which was issued on September 14, 2015, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-95-000).
On July 28, 2015, Applicant 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 Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act. State water quality certification was granted on March 23, 2016 (DEP File No. EA30-004).
The previously authorized Project included replacing 34 miles of 20-inch-diameter bare steel piping with coated steel pipeline at the following locations:
• Segment 1: replace approximately 14 miles with 14.9 miles from the Hero Valve to Waynesburg Compressor Station in Greene County.
• Segment 2: replace approximately 8 miles with 10.7 miles from the Redd Farm Station to Sharp Farm Station in Washington County.
• Segment 3: replace approximately 12 miles with 11.9 miles from the Sharp Farm Station in Washington County to the Walker Farm Station in Washington and Allegheny Counties.
The pipeline also included associated appurtenant facilities including bi-directional pig launcher/receivers, cathodic protection, main line valves, and taps. Construction activities were located within a 75`—100` right-of-way (ROW); however, a 50` permanent ROW will be maintained, post construction. Some segments of the existing 20" diameter bare steel pipe of the Line 1570 gas pipeline, will remain and be maintained within the existing right-of-way, where service will be abandoned.
• In Greene County the Project included approximately 484 acres of earth disturbance and the project cumulatively impacted approximately 4,643.79 linear feet (lf) of watercourse and 2.11 acres of wetland. Original grades were restored in these watercourses and the 2.11 acres of wetland, after the utility line crossings were constructed. In addition, another 0.09 acre of PEM wetlands were permanently filled, and were mitigated by a portion of the 0.71 acre of mitigation credits that were purchased from the Robinson Fork Mitigation Bank (DEP File No MB990563-0003).
• In Washington County, the project cumulatively impacted approximately 3,876.71 linear feet (lf) of watercourse and 4.92 acres of wetland. Original grades were restored in these watercourses and the 4.92 acres of wetland, after the utility line crossings were constructed. In addition, another 0.49 acre of PSS wetlands were permanently converted into PEM wetlands, were mitigated by a portion of the 0.71 acre of mitigation credits that were purchased from the Robinson Fork Mitigation Bank (DEP File No MB990563-0003).
• In Allegheny County, the project cumulatively impacted approximately 2,248.25 linear feet (lf) of watercourse and 0.48 acre of wetland. Original grades were restored in these watercourses and the 0.48 acre of wetland, after the utility line crossings were constructed.
Most recently, on July 19, 2016, Applicant 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) for proposed revisions to the previously approved line route, to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
In order to amend the Project as approved by FERC, the applicant anticipates submitting a variance request under the same docket number. Once submitted, the request may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-95-000).
The Project revisions to Segment 2 include an overall reduction in length of approximately 0.5 mile of 20-inch pipeline for the purpose of transporting natural gas from the Redd Farm Station to Sharp Farm Station in Washington County. The Project revisions to Segment 3 include an overall increase in length of 0.5 mile of 20-inch pipeline for the purpose of transporting natural gas from the Sharp Farm Station to the Walker Farm Station in Allegheny and Washington Counties. The Project, as proposed, will require:
• Segment 2: Approximately 5.9 fewer acres of earth disturbance, and additional impacts to the following; 149 linear feet of impacts to Redd Run (TSF) and UNT to Chartiers Creek (WWF), 2 acres of floodway impact, and 0.13 acre of temporary wetland impacts. There are no additional permanent wetland impacts proposed. Segment 3: approximately 0.2 fewer acres of earth disturbance, and impacts to 0.33 linear feet of a UNT to Robinson Run (WWF), and 0.3 acre of floodway. There are no additional temporary or permanent impacts to wetlands proposed.
The Department published notice of its proposed State water quality certification in the Pennsylvania Bulletin, on December 3, 2016 (46 Pa.B. 7543), and received zero (0) comments from the public.
The Department certifies to Applicant that the construction, operation and maintenance of the Project will not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93, provided Applicant complies with the permitting programs, criteria and conditions established pursuant to State law:
1. Discharge Permit—Applicant shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a 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).
4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of 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 during such inspections of the Project.
7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Depart-ment of Environmental Protection, Southwest Regional Office, Rita A. Coleman, Program Manager, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
9. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
10. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
11. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
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 within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Important legal rights are at stake, so you should show this document to a lawyer at once.
[Pa.B. Doc. No. 17-511. Filed for public inspection March 24, 2017, 9:00 a.m.]
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