[47 Pa.B. 320]
[Saturday, January 21, 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
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 56060107 and NPDES No. PA0268992, Coal Loaders Inc., 210 East Main Street, Ligonier, PA 15658, permit renewal for reclamation only of a bituminous surface and auger mine in Quemahoning Township, Somerset County, affecting 45.9 acres. Receiving streams: Higgins Run, a tributary to Quemahoning Creek, classified for the following use: high quality cold water fishes. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority & Johnstown Water Authority. Application received: October 31, 2016. Permit Issued: December 28, 2016.
Permit No. 56130111 and NPDES No. PA0269631, Coal Loaders, Inc., 210 East Main Street, P.O. Box 556, Ligonier, PA 15658, commencement, operation and restoration of a bituminous surface mine to add auger mining with minor permit boundary redistribution in Stonycreek Township, Somerset County, affecting 44.9 acres. Receiving stream: Stonycreek River classified for the following use: cold water fishes. The first downstream potable water supply intake from the point of discharge is Hooversville Borough. Application received: September 6, 2016. Permit issued: January 3, 2017.
Permit No. 56050105 and NPDES Permit No. PA0249793, Svonavec, Inc., 150 West Union Street, Suite 201, Somerset, PA 15501, permit renewal of a bituminous surface mine in Milford Township, Somerset County, affecting 273.6 acres. Receiving streams: Unnamed tributaries to/and Middle Creek and unnamed tributaries to/and South Glade Creek, classified for the following use: trout stocked fishes, warm water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: March 28, 2016. Permit issued: January 5, 2017.
Permit No. 11100104 and NPDES No. PA0263087, RJC Kohl, Inc., 1927 Killen School Road, Nicktown, PA 15762, permit renewal for the continued operation and restoration of a bituminous surface and auger mine in Susquehanna, West Carroll and Elder Townships, Cambria County, affecting 98.5 acres. Receiving streams: unnamed tributaries to Fox Run classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: August 30, 2016. Permit issued: January 5, 2017.
Permit No. 07920101 and NPDES No. PA0599581, E.P. Bender Coal Co., Inc., P.O. Box 594, Carrolltown, PA 15722, commencement, operation and restoration of a bituminous surface & auger mine to revise the permit to add 2.8 acres to the permit to include within the permit area the existing access road, T-428, connecting with SR 3012 and an unaffected area of 2.8 acres will be deleted from the permit so the permit acreage will remain unchanged at 474.0 acres, located in Allegheny Township, Blair County, affecting 474.0 acres. Receiving streams: Unnamed tributaries to Sugar Run and Sugar Run, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: March 29, 2016. Permit issued: January 5, 2017.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
20860301. R. Hunter, Inc. (15428 Sheets Road, Guys Mills, PA 16327) Transfer of an existing large industrial minerals mine from Donovan Stone Company in Hydetown Borough, Crawford County, affecting 14.0 acres. Receiving streams: Thompson Creek. Application received: May 9, 2016. Permit Issued: January 4, 2017.
PAM616010. R. Hunter, Inc. (15428 Sheets Road, Guys Mills, PA 16327) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 20860301 in Hydetown Borough, Crawford County. Receiving streams: Thompson Creek. Application received: May 9, 2016. Permit Issued: January 4, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
08010820. Gary E. Benjamin (82 Woodside Drive, Towanda, PA 18848). Final bond release for a small industrial minerals surface mine, located in Sheshequin Township, Bradford County. Restoration of 1.0 acre completed. Receiving stream(s): Unnamed Tributary to Susquehanna River. Application received on August 15, 2016. Final bond release approved: January 3, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 58160301. F.S. Lopke Contracting, Inc., (3430 SR 434, Apalachin, NY 13732), commencement, operation and restoration of a quarry operation in Lenox Township, Susquehanna County affecting 48.95 acres, receiving stream: Tunkhannock Creek. Application received: December 21, 2015. Permit issued: January 3, 2017.
Permit No. PAM115048, F.S. Lopke Contracting, Inc., (3430 SR 434, Apalachin, NY 13732), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58160301 in Lenox Township, Susquehanna County, receiving stream: Tunkhannock Creek. Application received: December 21, 2015. Permit issued: January 3, 2017.
Permit No. 54950301T. Schell Building & Landscaping Stone, Inc., (1403B State Road, Zion Grove, PA 17985), transfer of an existing quarry operation in North Union, Roaring Creek and Beaver Townships, Schuylkill and Columbia Counties, affecting 820.0 acres, receiving stream: Catawissa Creek. Application received: March 7, 2016. Transfer issued: January 6, 2017.
Permit No. PAM116010. Schell Building & Landscaping Stone, Inc., (1403B State Road, Zion Grove, PA 17985), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54950301 in North Union, Roaring Creek and Beaver Townships, Schuylkill and Columbia Counties, receiving stream: Catawissa Creek. Application received: March 7, 2016. Permit issued: January 6, 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
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 36164174. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Riverview Estates in West Lampeter Township, Lancaster County with an expiration date of December 22, 2017. Permit issued: January 4, 2017.
Permit No. 66164107. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for Karp Parking Area in Lemon Township, Wyoming County with an expiration date of December 31, 2017. Permit issued: January 4, 2017.
Permit No. 48174001. Susquehanna Hauling & Drilling, (249 Harland Street, Exeter, PA 18643), construction blasting for FedEx Hub in Allan Township, Northampton County with an expiration date of December 31, 2017. Permit issued: January 5, 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 Southeast Region: Waterway and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5900.
E23-530. Paulsboro Natural Gas Pipeline Company LLC, 800 Billingsport Road, Paulsboro, NJ 08066, Tinicum Township, Delaware County, ACOE Philadelphia District.
To remove partially existing 6-inch and 8-inch diameter natural gas pipelines, relocate and maintain with a new 24-inch diameter steel pipeline to meet USACE requirements associated with the deepening dredging of the Delaware River (WWF) to meet USACE standards. The existing 6-inch and 8-inch gas pipelines are partially removed and remaining sections at the ends will be sealed and abandoned in place.
The site is located east of Tinicum Island Road (Bridgeport—NJ-PA USGS Quadrangle Latitude: 39.857287, Longitude: -75.269889).
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
E46-1125. Upper Gwynedd Township, Administrative Building, 1 Parkside Place, North Wales, PA 19027, Upper Gwynedd Township, Montgomery County, ACOE Philadelphia District.
To perform the below listed water obstruction and encroachment activities associated with Zacharias Creek Restoration Project (WWF) in relation to Upper Gwynedd Township's TMDL Implementation/Restoration Plan:
1. To realign approximately 662 linear feet of stream channel in an effort to restore a more natural channel condition to a previously modified section of an unnamed tributary to Zacharias Creek.
2. To impact approximately 0.04 acre of fringe wetlands (PSS) to facilitate the new stream channel.
The restoration work commences at River Station 7+50 and ends at River Station 2+50 near the Conrad Basin approximately 750 feet northeast of the intersection of Morris Road and Conrad Avenue. The proposed project is located in Upper Gwynedd Township, Montgomery County; (USGS Quadrangle Germantown, PA—Latitude 40° 05` 49"—Longitude 75° 09` 17").
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
E23-527—Pennsylvania Department of Transportation, 7000 Geerdes Blvd, King of Prussia, Ridley Township, Delaware County, ACOE Philadelphia District.
To perform the water obstruction and encroachment activities associated with the replacement of SR 0420 Section 000 (Kedron Avenue) bridge over Stony Creek (WWF) (as part of the P3 Rapid Bridge Replacement, JV 214 Improvement Project):
1. To replace an existing single span concrete I-beam bridge and to construct and maintain in its place a concrete box culvert approximately 57 feet long and 24 feet wide.
2. To construct and a temporary cofferdam to facilitate the project.
3. To place and maintain fill within the floodway and along roadway approaches on both sides of the proposed bridge.
4. To relocate and maintain several utility lines to facilitate the project, including: two storm drain pipes (15 inches and 24 inches diameter), one water line, and one gas line.
The proposed project is located approximately 150 feet northwest of the intersection of Academy Avenue and Kedron Avenue in Ridley Township, Delaware County, (USGS Lansdowne, PA Quadrangle—Latitude: 39.8979; Longitude -77.316167).
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E45-592. Arrowhead Lake Community Association, Inc., 961 Arrowhead Drive, Pocono Lake, PA 18347. Coolbaugh & Tobyhanna Townships, Monroe County, Army Corps of Engineers Philadelphia District.
To construct and maintain the following water obstructions and encroachments associated with the Arrowhead Lake Reclamation Project.
1. The excavation and maintenance of two trapezoidal channels around a portion of Arrowhead Lake (EV, MF) in its southernmost extent labeled as ''Lewis Creek Cove'' consisting of approximately 1.90 acre of permanent impacts to waters. The eastern trapezoidal channel will have a length of approximately 2,500 feet, a bottom width ranging from approximately 10 to 15 feet, a constructed depth of approximately 4 feet and a branch channel of the same cross sectional dimensions having a length of approximately 600 feet. The western trapezoidal channel will have a length of approximately 1,300 feet, a bottom width ranging from approximately 10 to 15 feet, and a constructed depth of approximately 4 feet.
2. The excavation and maintenance of a trapezoidal channel having a length of approximately 4,000 feet, a bottom width of approximately 15 feet, a constructed depth of approximately 4 feet around a portion of Arrowhead Lake in its easternmost extent labeled as ''Eastern Cove'' consisting of approximately 2.63 acres of permanent impacts to waters.
3. The excavation and maintenance of two trapezoidal channels around a portion of Arrowhead Lake in its northeast extent labeled as ''Trout Creek Island'' consisting of approximately 3.81 acres of permanent impacts to waters. The eastern trapezoidal channel will have a length of approximately 660 feet, a bottom width ranging from approximately 50 feet to 155 feet, and a constructed depth of approximately 4 feet. The western trapezoidal channel will have a length of approximately 1,500 feet, a bottom width ranging from approximately 50 feet to 125 feet, and a constructed depth of approximately 4 feet.
4. A 225-foot long stream restoration project in Lewis Creek (EV, MF) with work consisting of the construction of a rock filter, tree revetments, embankment stabilization consisting of boulder toe-in, live branch bundles and live stakes located at the southern end of Lewis Creek Cove, resulting in 0.02 acre of permanent impacts to wetlands (EV).
5. An 8-foot wide, 160-foot long pile-supported pedestrian boardwalk through wetlands (EV) resulting in 0.02 acre of permanent impacts to wetlands located in Lewis Creek.
6. To remove an existing dock and to construct and maintain a 170-foot long, 1,955 square foot floating dock providing 26 boat slips associated with a marina located at Beach 1 at the western side of Arrowhead Lake.
7. A pre-cast concrete boat launch ramp that's approximately 44-foot long by 16-foot wide located at Beach 2 at the northwest shoreline of Arrowhead Lake.
8. To remove an existing dock and to construct and maintain a 4-foot wide by 32-foot long aluminum dock supported by driven piles or posts located at Beach 2 at the northwest shoreline of Arrowhead Lake.
9. A pre-cast concrete boat launch ramp that's approximately 60-foot long by 14-foot wide located at Beach 3 north of Adobe Drive within the ''Eastern Cove'' area of Arrowhead Lake.
10. To remove an existing dock and to construct and maintain a 4-foot wide by 40-foot long aluminum dock supported by driven piles or posts located at Beach 3 north of Adobe Drive within the ''Eastern Cove'' area of Arrowhead Lake.
11. A pre-cast concrete boat launch ramp that's approximately 60-foot long by 14-foot wide located on the southern point of Trout Creek Island within the northeast portion of Arrowhead Lake, resulting in 0.003 acres of permanent impacts to wetlands (EV).
12. To remove an existing dock to construct and maintain a 4-foot wide by 32-foot long aluminum dock supported by driven piles or posts located on the southern point of Trout Creek Island within the northeast portion of Arrowhead Lake.
13. An approximately 80-foot long by 14-foot wide pile supported pier and bulkhead with a 890 square foot gazebo at the tip of the pier.
14. A series of fish habitat enhancement structures consisting of submerged stumps, logs, branches and woody debris piles that are anchored to the lake bottom with cinderblocks or concrete anchors located in the center of the lake north of Lewis Creek Island.
The project will permanently impact a deminimus area of wetlands equal to 0.04 acre and 8.64 acres of water and temporarily impact 0.10 acre of wetland and 22.24 acres of water.
The project is located in Arrowhead Lake (Thornhurst, PA Quadrangle Latitude: 41°09`12"; Longitude: -75°34`13") in Coolbaugh & Tobyhanna Townships, Monroe County. Subbasin: 2A.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E14-571. Potter Township, 124 Short Road, Spring Mills, PA 16875. Bloom Road Sewer Treatment, in Potter Township, Centre County, ACOE Baltimore District (Spring Mills, PA Quadrangle N: 40°47`22.55"; W: 77°37`18.69").
To construct and maintain a 14.00-foot long by 7.58-foot wide by 7.66-foot above-the-ground small flow sewer treatment facility and a concrete endwall R-3 rock armored outfall in order to replace the function of 4 malfunctioning Bloom Road residential on-lot sewer treatment systems located in the FEMA mapped Zone A 100-year flood plain. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA.
E5929-058: Regency Marcellus Gas Gathering, LLC, 101 West Third Street, Williamsport, PA 17701, Liberty, Hamilton, Richmond, & Covington Townships & Blossburg Borough, Tioga County, ACOE Baltimore District.
To construct, operate, and maintain:
1) A mat bridge impacting 50 linear feet of an unnamed tributary to Taylor Run (EV) (Liberty, PA Quadrangle 41°37`07"N, 77°02`52"W);
2) one 24-inch gas pipeline and a timber mat bridge impacting 77 linear feet of an unnamed tributary to Taylor Run (EV) (Liberty, PA Quadrangle 41°37`23"N, 77°04`02"W);
3) one 24-inch gas pipeline and a timber mat bridge impacting 23 linear feet of an unnamed tributary to Long Run (CWF, MF) and 3,237 square feet of floodway of an adjacent unnamed tributary to Long Run (CWF, MF) (Blossburg, PA Quadrangle 41°37`48"N, 77°04`07"W);
4) one 24-inch gas pipeline and a timber mat bridge impacting 240 linear feet of unnamed tributaries to Long Run (CWF, MF) and 883 square feet of floodway of an adjacent unnamed tributary to Long Run (CWF, MF) (Blossburg, PA Quadrangle 41°37`50"N, 77°04`07"W);
5) one 24-inch gas pipeline and a timber mat bridge impacting 100 linear feet of unnamed tributaries to Taylor Run (EV), 570 square feet of floodway of an adjacent unnamed tributary to Taylor Run, 776 square feet of a palustrine emergent (PEM) wetland, and 539 square feet of palustrine forested (PFO) wetlands (Blossburg, PA Quadrangle 41°38`45"N, 77°03`48"W);
6) fill for a temporary access road impacting 827 square feet of floodway of an unnamed tributary to Johnson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°39`43"N, 77°04`34"W);
7) a timber mat bridge impacting 20 linear feet of an unnamed tributary to Johnson Creek (CWF, MF) and fill for a temporary access road impacting 1,217 square feet of floodway of an adjacent unnamed tributary to Johnson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°39`35"N, 77°04`26"W);
8) a timber mat bridge impacting 16 linear feet of an unnamed tributary to Johnson Creek (CWF, MF) and fill for a temporary access road impacting 18 square feet of floodway of an adjacent unnamed tributary to Johnson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°39`29"N, 77°04`25"W);
9) fill for a temporary access road impacting 6,874 square feet of floodway of an unnamed tributary to Johnson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°39`27"N, 77°04`26"W);
10) a timber mat bridge impacting 20 linear feet of an unnamed tributary to Johnson Creek (CWF, MF) and fill for a temporary access road impacting 1,296 square feet of floodway of an adjacent unnamed tributary to Johnson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°39`24"N, 77°04`25"W);
11) fill for a temporary access road impacting 23,315 square feet of floodway of unnamed tributaries to Johnson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°39`21"N, 77°04`15"W);
12) one 24-inch gas pipeline and a timber mat bridge impacting 20 linear feet of an unnamed tributary to Tioga River (CWF, MF) and 691 square feet of floodway of an unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°39`10"N, 77°03`39"W);
13) one 24-inch gas pipeline and a timber mat bridge impacting 154 linear feet of unnamed tributaries to Taylor Run (EV) (Blossburg, PA Quadrangle 41°39`11"N, 77°02`52"W);
14) one 24-inch gas pipeline and a timber mat bridge impacting 1,066 square feet of a palustrine scrub-shrub (PSS) wetland and 437 square feet of floodway of an unnamed tributary to Taylor Run (EV) (Blossburg, PA Quadrangle 41°39`15"N, 77°02`40"W);
15) one 24-inch gas pipeline impacting 327 linear feet of Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°39`18"N, 77°02`38"W);
16) fill for a temporary access road impacting 249 square feet of floodway of an unnamed tributary to Morris Run (CWF, MF) (Blossburg, PA Quadrangle 41°39`41"N, 77°02`34"W);
17) a timber mat bridge impacting 20 linear feet of an unnamed tributary to Morris Run (CWF, MF) and fill for a temporary access road impacting 3,255 square feet of floodway of an adjacent unnamed tributary to Morris Run (CWF, MF) (Blossburg, PA Quadrangle 41°39`35"N, 77°02` 36"W);
18) a timber mat bridge impacting 16 linear feet of an unnamed tributary to Tioga River (CWF, MF) and 4,567 square feet of floodway of an adjacent unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°39`31"N, 77°02`38"W);
19) a timber mat bridge impacting 16 linear feet of an unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°39`28"N, 77°02`39"W);
20) one 24-inch gas pipeline impacting 503 square feet of a palustrine emergent (PEM) wetland and 2,115 square feet of floodway of an adjacent unnamed tributary to Morris Run (CWF, MF) (Blossburg, PA Quadrangle 41°39`35"N, 77°02`24"W);
21) one 24-inch gas pipeline impacting 356 linear feet of an unnamed tributary to Morris Run (CWF, MF) (Blossburg, PA Quadrangle 41°39`44"N, 77°02`28"W);
22) one 24-inch gas pipeline and a timber mat bridge impacting 157 linear feet of Morris Run (CWF, MF) and an unnamed tributary to Morris Run (CWF, MF) (Blossburg, PA Quadrangle 41°39`46"N, 77°02`26"W);
23) one 24-inch gas pipeline and a timber mat bridge impacting 213 square feet of a palustrine forested (PFO) wetland, 231 square feet of palustrine emergent (PEM) wetlands, and 4,283 square feet of floodway of adjacent unnamed tributaries to Morris Run (CWF, MF) (Blossburg, PA Quadrangle 41°39`49"N, 77°02`29"W);
24) one 24-inch gas pipeline and a timber mat bridge impacting 18 linear feet of an unnamed tributary to Tioga River (CWF, MF) and 939 square feet of floodway of an unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°39`54"N, 77°02`52"W);
25) one 24-inch gas pipeline and two timber mat bridges impacting 141 linear feet of an unnamed tributary to Tioga River (CWF, MF) and 534 square feet of palustrine emergent (PEM) wetlands (Blossburg, PA Quadrangle 41°40`04"N, 77°02`48"W);
26) one 24-inch gas pipeline impacting 795 square feet of a PEM wetland and 283 square feet of floodway of an adjacent unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°40`08"N, 77°02`50"W);
27) one 24-inch gas pipeline and a timber mat bridge impacting 3,188 square feet of a palustrine forested (PFO) wetland (Blossburg, PA Quadrangle 41°40`11"N, 77°02` 53"W);
28) one 24-inch gas pipeline impacting 740 square feet of a palustrine forested (PFO) wetland and 1,690 square feet of floodway of an adjacent unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°40`14"N, 77°02`57"W);
29) a timber mat bridge impacting 22 linear feet of an unnamed tributary to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`33"N, 77°02`56"W);
30) one 24-inch gas pipeline impacting 3,363 square feet of floodway of an unnamed tributary to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`24"N, 77°02` 56"W);
31) one 24-inch gas pipeline and a timber mat bridge impacting 329 square feet of a palustrine emergent (PEM) wetland and 231 linear feet of unnamed tributaries to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`33"N, 77°02`53"W);
32) one 24-inch gas pipeline and a timber mat bridge impacting 53 linear feet of Coal Creek (CWF, MF) and 4,380 square feet of floodway of adjacent unnamed tributaries to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`35"N, 77°02`55"W);
33) one 24-inch gas pipeline and a timber mat bridge impacting 48 linear feet of an unnamed tributary to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`38"N, 77°02`59"W);
34) a timber mat bridge impacting 180 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°40`55"N, 77°03`07"W);
35) one 24-inch steel gas line impacting 230 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°40`57"N, 77°03`12"W);
36) a timber mat bridge impacting 20 linear feet of an unnamed tributary to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`19"N, 77°03`22"W);
37) a timber mat bridge impacting 31 linear feet of Coal Creek (CWF, MF) and 93 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°40`21"N, 77°03`20"W);
38) fill for a temporary access road impacting 1,981 square feet of floodway of an unnamed tributary to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`22"N, 77°03`20"W);
39) a timber mat bridge impacting 20 linear feet of an unnamed tributary to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`25"N, 77°03`16"W);
40) a timber mat bridge impacting 20 linear feet of an unnamed tributary to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`28"N, 77°03`13"W);
41) fill for a temporary access road impacting 3,122 square feet of floodway of unnamed tributaries to Coal Creek (CWF, MF) (Blossburg, PA Quadrangle 41°40`30"N, 77°03`12"W);
42) fill for a temporary access road impacting 1,136 square feet of floodway of an unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°40`50"N, 77°03`15"W);
43) one 24-inch gas pipeline and a timber mat bridge impacting 101 linear feet of Bear Creek (CWF, MF) (Blossburg, PA Quadrangle 41°41`03"N, 77°03`19"W);
44) one 24-inch gas pipeline and timber mat bridges impacting 17 linear feet of unnamed tributaries to Bear Creek (CWF, MF) and 1,060 square feet of palustrine emergent (PEM) wetlands (Blossburg, PA Quadrangle 41°41`06"N, 77°03`20"W);
45) a timber mat bridge impacting 94 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°41`06"N, 77°03`29"W);
46) one 24-inch gas pipeline and a timber mat bridge impacting 100 linear feet of an unnamed tributary to Bear Creek (CWF, MF) (Blossburg, PA Quadrangle 41°41`12"N, 77°03`19"W);
47) one 24-inch gas pipeline and a timber mat bridge impacting 2,449 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°41`24"N, 77°03`05"W);
48) one 24-inch gas pipeline and a timber mat bridge impacting 3,827 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°41`27"N, 77°03`05"W);
49) fill for a temporary access road impacting 326 square feet of floodway of East Creek Tioga River (EV) (Blossburg, PA Quadrangle 41°42`02"N, 77°03`26"W);
50) a temporary bridge impacting 18 linear feet of an unnamed tributary to East Creek Tioga River (EV) and fill for a temporary access road impacting 8,524 square feet of floodway of an unnamed tributary East Creek Tioga River (EV) (Blossburg, PA Quadrangle 41°42`01"N, 77°03`24"W);
51) one 24-inch gas pipeline impacting 51 linear feet of an unnamed tributary to East Creek Tioga River (EV) and 29 square feet of floodway of an unnamed tributary to East Creek Tioga River (EV) (Blossburg, PA Quadrangle 41°41`53"N, 77°03`03"W);
52) fill for a temporary access road impacting 24 linear feet of an unnamed tributary to East Creek Tioga River (EV) (Blossburg, PA Quadrangle 41°42`10"N, 77°02`44"W);
53) one 24-inch gas pipeline impacting 53 linear feet of an unnamed tributary to East Creek Tioga River (EV) (Blossburg, PA Quadrangle 41°42`12"N, 77°02`43"W);
54) one 24-inch gas pipeline and a timber mat bridge impacting 101 linear feet of an unnamed tributary to East Creek Tioga River (EV) (Blossburg, PA Quadrangle 41°42`14"N, 77°02`39"W);
55) one 24-inch gas pipeline and a timber mat bridge impacting 135 linear feet of an unnamed tributary to East Creek Tioga River (EV) and 1,416 square feet of adjacent palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°42`17"N, 77°02`35"W);
56) a timber mat bridge impacting 29 linear feet of an unnamed tributary to East Creek Tioga River (EV) and 779 square feet of adjacent palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°42`19"N, 77°02`36"W);
57) a timber mat bridge impacting 350 square feet of palustrine emergent (PEM) wetlands (Blossburg, PA Quadrangle 41°42`24"N, 77°02`34"W);
58) one 24-inch gas pipeline and timber mat bridges impacting 155 linear feet of East Creek Tioga River (EV) and 2,877 square feet of adjacent palustrine emergent (PEM) wetlands (Blossburg, PA Quadrangle 41°42`28"N, 77°02`34"W);
59) one 24-inch gas pipeline and a timber mat bridge impacting 720 square feet of palustrine forested (PFO) wetlands (Blossburg, PA Quadrangle 41°42`33"N, 77°02`34"W);
60) one 24-inch steel gas line impacting 293 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°42`35"N, 77°02`34"W);
61) one 24-inch gas pipeline and a timber mat bridge impacting 51 linear feet of an unnamed tributary to East Creek Tioga River (EV) and 1,962 square feet of a palustrine forested (PFO) wetland (Blossburg, PA Quadrangle 41°43`03"N, 77°02`43"W);
62) one 24-inch gas pipeline and a timber mat bridge impacting 369 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°43`16"N, 77°03`09"W);
63) one 24-inch gas pipeline and a timber mat bridge impacting 84 linear feet of an unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°43`24"N, 77°03`16"W);
64) one 24-inch gas pipeline and a timber mat bridge impacting 82 linear feet of an unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°43`25"N, 77°03`16"W);
65) one 24-inch gas pipeline and a timber mat bridge impacting 104 linear feet of an unnamed tributary to Tioga River (CWF, MF) (Blossburg, PA Quadrangle 41°43`27"N, 77°03`18"W);
66) one 24-inch gas pipeline and a timber mat bridge impacting 109 linear feet of an unnamed tributary to Wilson Creek (CWF, MF), 23 square feet of floodway of an adjacent unnamed tributary to Wilson Creek (CWF, MF), 1,643 square feet of a palustrine scrub-shrub (PSS) wetland, and 1 square foot of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°43`48"N, 77°03`28"W);
67) one 24-inch gas pipeline impacting 1,219 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°43`49"N, 77°03`27"W);
68) one 24-inch gas pipeline and a timber mat bridge impacting 2,699 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°43`54"N, 77°03`18"W);
69) one 24-inch gas pipeline and a timber mat bridge impacting 79 linear feet of Wilson Creek (CWF, MF) and 5,972 square feet of floodway of an adjacent unnamed tributary to Wilson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°44`27"N, 77°03`18"W);
70) one 24-inch gas pipeline and a timber mat bridge impacting 10,009 square feet of floodway of an unnamed tributary to Wilson Creek (CWF, MF) (Blossburg, PA Quadrangle 41°44`30"N, 77°03`02"W);
71) fill for a temporary access road impacting 14,603 square feet of floodway of an unnamed tributary to Canoe Camp Creek (CWF, MF) (Blossburg, PA Quadrangle 41°44`46"N, 77°02`42"W);
72) one 24-inch gas pipeline and a timber mat bridge impacting 637 square feet of a palustrine emergent (PEM) wetland (Blossburg, PA Quadrangle 41°44`55"N, 77°02`42"W);
73) one 24-inch gas pipeline and a timber mat bridge impacting 97 linear feet of Canoe Camp Creek (CWF, MF) and 68 linear feet of an unnamed tributary to Canoe Camp Creek (CWF, MF) (Blossburg, PA Quadrangle 41°44`58"N, 77°02`39"W);
74) one 24-inch gas pipeline and a timber mat bridge impacting 78 linear feet of an unnamed tributary to Canoe Camp Creek (CWF, MF) (Mansfield, PA Quadrangle 41°45`11"N, 77°02`46"W);
75) one 24-inch gas pipeline and a timber mat bridge impacting 112 linear feet of an unnamed tributary to Canoe Camp Creek (CWF, MF) and 2,038 square feet of palustrine emergent (PEM) wetlands (Mansfield, PA Quadrangle 41°45`44"N, 77°02`34"W);
76) one 24-inch gas pipeline and a timber mat bridge impacting 381 square feet of a palustrine emergent (PEM) wetland (Mansfield, PA Quadrangle 41°45`56"N, 77°02`34"W);
77) one 24-inch gas pipeline and a timber mat bridge impacting 576 square feet of a palustrine emergent (PEM) wetland (Mansfield, PA Quadrangle 41°46`02"N, 77°02`31"W);
78) one 24-inch gas pipeline and a timber mat bridge impacting 174 linear feet of unnamed tributaries to Canoe Camp Creek (CWF, MF) (Mansfield, PA Quadrangle 41°46`07"N, 77°02`16"W);
79) one 24-inch gas pipeline and a timber mat bridge impacting 458 square feet of a palustrine emergent (PEM) wetland (Mansfield, PA Quadrangle 41°46`11"N, 77°02`04"W).
The project will result in a total of 4,038 linear feet of stream impacts, 2.53 acres of additional floodway impacts, and 0.81 acre of wetland impacts all for the purpose of installing natural gas gathering line and access roadway to a natural gas well site for Marcellus well development.
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 # ESG0035160003
Applicant Name Finnefrock Compressor Station—Leidy
South Project
Contact Person Cristie Neller/Frank Canneto
Address 707 E. Main Street
City, State, Zip Richmond, VA 23219
County Clinton
Township(s) Leidy Twp
Receiving Stream(s) and Classification(s) UNT to Left
Fork Hevner RunEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-015-16-0025
Applicant Name HEP Pa Gathering LLC
Contact Person Kevin Williams
Address 37 Fox Chase Dr
City, State, Zip Towanda, PA 18848
County Bradford
Township(s) Stevens
Receiving Stream(s) and Classification(s) UNT to Wyalus-
ing Ck (WWF, MF); Ross Ck (WWF, MF)
Secondary—Wyalusing CkESCGP-2 # ESX11-081-0097(03)
Applicant Name NFG Midstream Trout Run LLC
Contact Person Duane Wassum
Address 6363 Main St
City, State, Zip Williamsville, NY 14221
County Lycoming
Township(s) Gamble, Lewis, & McIntyre
Receiving Stream(s) and Classification(s) UNT to Mill Ck
(EV); UNT to Lycoming Ck (HQ-CWF); Long Run
(HW-CWF); Fourmile Hollow (HQ-CWF)
Secondary—Mill Ck (EV); Lycoming Ck (EV); Grays
Run (HQ-CWF); Trout Run (HQ-CWF)ESCGP-2 # ESG29-081-16-0033
Applicant Name Anadarko Marcellus Midstream LLC
Contact Person Stephen Barondeau
Address 33 W Third St, Suite 200
City, State, Zip Williamsport, PA 17701
County Lycoming
Township(s) Cascade
Receiving Stream(s) and Classification(s) UNTs to Eagle
Run (EV); UNTs to E Branch Wallis Run (EV)
Secondary—Eagle Run (EV); E Branch Wallis Run (EV)ESCGP-2 # ESG29-117-16-0038
Applicant Name Talisman Energy USA Inc
Contact Person Lance Ridall
Address 337 Daniel Zenker Dr
City, State, Zip Horseheads, NY 14845
County Tioga
Township(s) Blossburg Borough & Hamilton Twp
Receiving Stream(s) and Classification(s) Johnson Run
(CWF)ESCGP-2 # ESX29-015-16-0027
Applicant Name Chesapeake Appalachia LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford
Township(s) Smithfield
Receiving Stream(s) and Classification(s) UNT to Fall Ck
(WWF, MF); UNT to Bentley Ck (WWF, MF)
Secondary—Fall Ck & Bentley CkESCGP-2 # ESX29-117-16-0035
Applicant Name SWEPI LP
Contact Person Jason Shoemaker
Address 150 N Dairy Ashford, E1296-E
City, State, Zip Houston, TX 77079
County Tioga
Township(s) Farmington
Receiving Stream(s) and Classification(s) Thornbottom Ck
(WWF)ESCGP-2 # ESX29-117-16-0036
Applicant Name SWEPI LP
Contact Person Jason Shoemaker
Address 150 N Dairy Ashford, E1296-E
City, State, Zip Houston, TX 77079
County Tioga
Township(s) Middlebury
Receiving Stream(s) and Classification(s) North Run
(WWF)ESCGP-2 # ESX29-015-16-0028
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Rd
City, State, Zip Montoursville, PA 17754
County Bradford
Township(s) Wilmont
Receiving Stream(s) and Classification(s) UNT to Panther
Lick Ck (CWF, MF)
Secondary—Panther Lick CkESCGP-2 # ESX29-115-16-0019
Applicant Name Cabot Oil & Gas Corp
Contact Person Kenneth Marcum
Address 2000 Park Lane, Suite 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Dimock
Receiving Stream(s) and Classification(s) White Ck
(CWF-MF)
SPECIAL NOTICES
Air Quality; Notice of Proposed Revision to the State Implementation Plan for Oxides of Nitrogen, Volatile Organic Compounds, Notice of Public Hearing, and Notice of Intent to Issue Revised Air Quality Operating Permit 48-00076 Northeast Region: Air Quality Program, 2 Public Square, Wilkes Barre, PA 18711-0790.
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2531.
Approval of a Reasonably Available Control Technology (RACT II) plan for Calpine Corporation located in Bethlehem, Northampton 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 the Bethlehem Energy Center owned and operated by Calpine Corporation in Bethlehem, Northampton 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 48-00076 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.
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 ID Source Pollutant Proposed RACT Site Level NOx Compliance with existing Title V Operating Permit restrictions assures compliance with the applicable provisions of 25 Pa. Code §§ 129.96—129.100 (RACT II). GROUP 1 031 Unit 1 Turbine
032 Unit 2 Turbine
033 Unit 3 Turbine
035 Unit 5 Turbine
036 Unit 6 Turbine
037 Unit 7 Turbine
C01 SCR
C02 SCR
C03 SCR
C05 SCR
C06 SCR
C07 SCR
NOx Compliance with existing Title V Operating Permit restrictions, testing requirements, monitoring requirements, recordkeeping requirements, reporting requirements, work practice requirements, and additional requirements assures compliance with the applicable provisions of 25 Pa. Code §§ 129.96—129.100 (RACT II).
Persons wishing to file a written protest or provide comments or request a public hearing, which they believe should be considered prior to the issuance of a permit, may submit the information to Mr. Mark Wejkszner, Air Quality Program Manager, Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. A 30-day comment period from the Date of Publication in the PA Bulletin will exist for the submission of comments, protests and hearing request. 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 persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper or the Pennsylvania Bulletin or by telephone, where DEP determines such notification is sufficient. Written comments or requests for a public hearing should be directed to Raymond Kempa, Chief, New Source Review Section, Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18701-1915.
All pertinent application documents are available for public review between 8 a.m. and 4 p.m. at the PA DEP Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. Appointments for scheduling a review may be made by calling 570-826-2419.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should contact Colleen Connolly at 570-826-2035 or the Pennsylvania AT&T Relay Service at 1-800-654-5984 (TDD) to discuss how the Department may accommodate your needs.
Conditional State Water Quality Certification for the Emsworth Locks and Dam Hydroelectric Project, FERC Project No. 13757-002 On March 14, 2014, FFP Missouri 5, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 24-megawatt (MW) hydroelectric facility at the Emsworth Locks and Dam, which is owned and operated by the U.S. Army Corps of Engineers (Corps), on the Ohio River, at river mile 6.2, in Allegheny County, Pennsylvania (Project). The Applicant is required pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)) to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the act.
On January 7, 2016, Applicant requested a State water quality certification from the Department, as required by Section 401 of CWA (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 CWA requirements.
On August 23, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new 205-foot-long, 180-foot-wide intake channel to be excavated into the riverbed immediately downstream of the Corps' gate 7 and 8. Four (4) 50-foot-wide, 40-foot-high spillway gate bays would be constructed along the river side of the excavated intake channel, to pass flow equivalent to the Corps' spillway gates 7 and 8. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 5-inch clear bar spacing, to a new reinforced concrete powerhouse that is 30 feet long, 180 feet wide and 63.5 feet in height. The powerhouse would house four equally sized horizontal pit Kaplan turbine generator units with a combined capacity of 24 MW. Flows would exit the powerhouse into a 380-foot-long tailrace excavated into the riverbed. Project power would be transmitted from the powerhouse to a new project substation with an 88-foot-long, medium-voltage buried cable, and then from the new substation to an existing substation with a 1,893-foot-long, 69-kilovolt overhead transmission line.
The Department published notice of its proposed state water quality certification in the Pennsylvania Bulletin, 46 Pa.B. 5902 (September 17, 2016), and received zero (0) comments from the public.
By this notice, the Department certifies that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of CWA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), and will not violate the Commonwealth's water quality standards set forth in 25 Pa. Code Chapter 93, provided that the construction, operation and maintenance of the Project complies with the conditions for this certification as listed below, and the terms and conditions of the State law permits required to demonstrate compliance with Pennsylvania's Water Quality Standards:
1. Conditional State Water Quality Certification—This conditional State water quality certification is based upon the information that is available, to date, due to the FERC licensing process, and is granted with the understanding that the applicant will be submitting a final Environmental Assessment (EA) to the Department, to be reviewed and approved by the Department, prior to the start of construction. This final EA shall be submitted to the Department at the same time that the Applicant submits its application to the U.S. Army Corps of Engineers (USACE or Corps) for a Section 404 Permit, to facilitate a coordinated review between the Department and USACE. The final EA that is submitted to the Department must be developed from final design plans, specifications and reports.
2. Erosion and Sediment Control—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 102. The Applicant shall obtain and comply with an NPDES permit from the Department for the discharge of stormwater if the earth disturbance activities associated with the Project will result in a total disturbance equal to or greater than 1 acre. Earth disturbance activities associated with discharging dredged or fill material from the Project to waters of the United States which require permit coverage under Section 404 of CWA (33 U.S.C.A. § 1344) need not obtain an additional NPDES Permit from the Department for earth disturbance activities covered by the Section 404 permit. The Applicant shall submit final detailed erosion and sediment control and post construction stormwater management plans for all Project activities to the Department and County Conservation District for their review and approval prior to commencement of construction. Specific guidance on the requirements of the NPDES Permit for Stormwater Discharges Associated with Construction Activities can be obtained from the County Conservation District or the DEP Regional Office.
3. Water Obstruction and Encroachment Permit—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 105 relating to dam safety and waterway management. The Applicant shall obtain, from the Department, and comply with a Chapter 105 Water Obstruction and Encroachment Permit (WO&EP), for the construction, operation and maintenance of any water obstruction or encroachment associated with the Project that is outside the scope of work licensed under the Federal Power Act, pursuant to the Clean Streams Law (35 P.S. §§ 691.1—691.1001), 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.
4. Submerged Lands License Agreement—The Applicant shall obtain, from the Department, and comply with a Submerged Lands License Agreement, pursuant to Section 15 of the Dam Safety and Encroachments Act, 32 P.S. § 693.15, to occupy submerged lands of the Commonwealth in navigable waters as necessary to construct, operate and maintain the Project.
5. Water Resource Planning Act Registration—In accordance with the Pennsylvania Water Resources Planning Act, 27 Pa.C.S. § 3118, and the regulations thereunder, 25 Pa. Code Chapter 110, the Applicant must register the hydropower facility with the Department, and report water usage to the Department, annually.
6. Limited Power Permit—The Applicant shall obtain and comply with a permit from the Department as required by the Water Power and Water Supply Permits Act, Act of June 14, 1923, 32 P.S. §§ 591—625, related to the construction of a power dam or for a ''change in stream'' to develop power. The Applicant shall submit an application for this permit to the Department on the form available from the Department.
7. Water Quality Monitoring—During final design, the Applicant shall develop a water quality monitoring plan, to be implemented during the construction and operation of this project, and shall submit this plan to the Department for review and approval, prior to the start of construction, to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project. This water quality monitoring plan shall include adequate provisions to ensure that monitoring will assess any potential cumulative effect upon water quality, from the operation of all the currently proposed hydroelectric projects, within the greater Pittsburgh region. Thereafter, Applicant shall submit the results of the water quality monitoring to the Department and the USACE, along with suggested modifications in the operation or maintenance of the Project for inclusion in the adaptive management plan, should adverse impacts to water quality result from the project.
8. Operating Plan and Adaptive Management Plan—The applicant will be developing an operating plan, Memorandum of Agreement, and an adaptive management plan with the USACE. Applicant will submit these plans to the Department for review and approval, prior to the start of construction, to evaluate potential effects of these plans upon, and compliance with, state water quality standards.
9. Final Project Design Development—During final design, applicant shall evaluate alternative designs for the proposed Project that may have the potential to reduce expected fish entrainment and mortality, such as, but not limited to, reducing and/or modifying the proposed 5-inch trash rack spacing, intake channel design, or other alternative designs, pursuant to Section 105.14(b)(4) and (6) of the Department's regulations, 25 Pa. Code § 105.13(e)(1)(viii) and 105.14(b)(4) and (6) . This alternatives analysis shall be included in the Applicant's final EA, to be submitted to the Department for review and approval, prior to the start of construction. The final design shall also take into account the cumulative impact evaluations associated with conditions (10) and (11).
10. Cumulative Impacts to Fish Populations—Since the project is one of several, currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant, during final design, shall further evaluate the cumulative impacts from these hydroelectric projects, upon area fish populations, due to expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
11. Cumulative Impacts to Mussel Populations—Since the Project is one of several currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant shall further evaluate, during final design, the cumulative impacts from these hydroelectric projects, upon local mussel populations, due to potential unavailability of host fish from expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
12. Minimum By-pass Flows—During the final design, Applicant shall further evaluate the amount of by-pass flows necessary for the purposes of protection of public health, water quality control, conservation of fisheries, and aquatic habitat, improvement of recreation, and protection of instream and downstream water uses. Applicant shall provide this evaluation to the Department, within its final EA, for the Department's review and approval, prior to the start of construction. If it is determined that by-pass flows are needed, the by-pass flows shall be provided across the length of the dam.
13. Aids to Navigation (ATON) Plan—Applicant shall develop an ATON Plan, to avoid or minimize impacts to recreational boating. This plan must be reviewed and approved by the PA Fish and Boat Commission (PFBC), prior to the start of construction. Please contact the PA Fish and Boat Commission, PO Box 67000, Harrisburg, PA 17106, regarding the requirements for an ATON Plan.
14. Hydraulic Modeling—Applicant has indicated that additional hydraulic modeling will be conducted during Final Design. The results of this additional hydraulic modeling shall be included in the applicant's final EA that is to be submitted to the Department, for the Department to review and approve, prior to the start of construction. In addition, the applicant shall use the results of the additional hydraulic modeling to further evaluate potential impacts to mussels and their habitat, the potential for increased erosion of Neville Island and the river bed, and any other potential impacts that may be identified during the Department's review of the Applicant's final EA. Alternative designs may need to be considered, to avoid or minimize any adverse environmental impacts that may be identified from this additional modeling and/or additional evaluations for impacts. Mitigation may be required to compensate for any adverse environmental impacts that cannot be avoided. The evaluation of potential impacts to mussels and their habitat shall also include an evaluation of the potential to impact the mussel bed that was identified, which is a unique resource in the Ohio River, within Pennsylvania.
15. Programatic Agreement—Applicant shall comply with the Final Programmatic Agreement Between the Federal Energy Regulatory Commission and the Pennsylvania State Historic Preservation Office for Managing Historic Properties that may be Affected by Issuing an Original License to FFP Missouri 5, LLC for the Construction, Operation, and Maintenance of the Emsworth Locks and Dam Hydroelectric Project Located in Allegheny County, Pennsylvania (FERC No. 13757-002).
16. Riparian Property—Within its final EA, Applicant shall submit evidence that it has obtained notarized and signed releases, or has acquired rights of occupancy and use other than fee title, from the owners of any affected riparian property. This conditional water quality certification does not convey any real property rights or interests or authorization to trespass on privately-owned riparian land.
17. Corps Authorization—This conditional water quality certification does not relieve the Applicant of the responsibility to obtain any applicable approval/permit from the District Engineer, Pittsburgh District, U.S. Army Corps of Engineers, Room 1817 Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 15222, under Section 10 of the Rivers and Harbor Act or Section 404 of the Clean Water Act of 1977.
18. Fish and Mussel Surveys and Mitigation—The Project footprint will reduce riverine habitat below the dam by approximately 3.5 acres, and approximately 11.2 acres will be disturbed during construction. In addition, Applicant acknowledges that the project could potentially alter some mussel habitat conditions through changes in velocity and scour patterns downstream of the dam. In addition, the Applicant identified a mussel bed below the dam, along the edge of Neville Island, which is a unique resource in the Ohio River, in Pennsylvania. Accordingly, fish and mussel surveys shall be conducted three (3) years after project construction, to evaluate the project's impact to fish and mussel species in the project area. The plans for these surveys shall be included within the Applicant's final EA, for the Department's review and approval. In addition, the results of these surveys shall be submitted to the Department for review, within 60 days of completion of these surveys. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the applicant may have to provide compensation for the adverse environmental impact.
19. Cumulative Environmental Impact Assessment—The Project is one of several, currently proposed hydroelectric projects in the Ohio, Monongahela, and Allegheny Rivers, within the greater Pittsburgh area river basins. Fish species, such as walleye, smallmouth bass, darters, etc., inhabit the area that can exhibit some migratory behavior, and could pass through multiple hydroelectric projects. In addition, the Applicant's Fish Entrainment Study reports mortality to fish species, such as catfish, drum, darters and bass, that are more likely to be host fish that are important to mussel propagation. Accordingly, Applicant shall develop a plan to conduct fish and mussel surveys, after the construction of all, or at least 50%, of the currently proposed hydroelectric projects, to evaluate the potential for cumulative impacts to area fish and mussel populations. This plan shall be included with the Applicant's final EA, for the Department's review and approval. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the Applicant may have to provide compensation for the adverse environmental impact.
20. Clean Water Program Coordination—Applicant shall evaluate the cumulative impacts of lowering Dissolved Oxygen (DO) concentration below existing levels on overall water quality. This analysis shall include an evaluation of the effects of lower DO levels on other dischargers, whose dissolved oxygen analysis could be impacted by any reduction in DO due to the proposed project. The Applicant shall include, within its final EA to be submitted to the Department, a full analysis depicting the pre- and post-construction dissolved oxygen using a Q7-10 flow, and achieving a 7-day average of 5.5 mg/l and a minimum of 5.0 mg/l at the project site, and all points potentially impacted downstream of the project, in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder, and 25 Pa. Code § 93.7.
21. Water Quality Requirements—The project must maintain the applicable water quality standard of a 7-day average DO concentration of 5.5 mg/l and a minimum DO concentration of 5.0 mg/l, at Q7-10 low flow conditions, unless the analysis required by the preceding condition indicates that a higher DO level is needed to maintain the DO water quality standard within the Dashields Pool given consideration of all existing, permitted dischargers currently within the pool in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder.
22. Stream and Habitat Mitigation—Since the Project will eliminate approximately 3.5 acres of riverine habitat, Applicant shall include, within its final EA to be submitted to the Department, a plan to mitigate for this lost habitat, for the Department's review and approval, prior to the start of construction.
23. Fishing Access—During final design, Applicant shall evaluate the feasibility of restoring/providing angler access to the Ohio River, within or near the project area.
24. Boater Safety—During final design, Applicant shall evaluate the potential for velocity changes within the river channel, from the hydroelectric project discharge, to affect navigation and boaters in the vicinity of nearby dock(s) (e.g. Neville Island Terminals Corp. dock or other). Accordingly, in its final EA, Applicant shall provide to the Department, and to the owner(s)/operator(s) of the dock(s), an analysis of the effect that the increased velocities might have on barge and/or boat safety, and on barge operators and boaters, in the vicinity of the dock(s). This analysis shall be completed by a hydrologist. In addition, Applicant shall provide a letter from the owner(s)/operator(s) of the dock(s), commenting on this analysis.
25. Fish Mitigation—Since the project will impact fish, Applicant shall include, within its final EA to be submitted to the Department, a mitigation plan to compensate for this environmental impact, for the Department's review and approval, prior to the start of construction.
26. Fish and Mussel Salvage—Applicant shall further develop its fish and mussel salvage plan to safely remove fishes and mussels from the project area that would otherwise be trapped behind the proposed coffer dams during the dewatering process. These fish and mussels should be relocated to areas outside of the project area. The Applicant shall include this salvage plan within its final EA, to be reviewed and approved by the Department, prior to the start of construction.
27. River Sediment Testing—Applicant shall manage dredge material removed from the river in accordance with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. §§ 6018.101—6018.1003 (''Solid Waste Management Act'') and regulations promulgated thereunder. Permittee should contact the Facilities Chief, Waste Management Program, Southwest Regional Office, with questions regarding this requirement. The project shall be consistent with the Department's Management of Fill policy and the analytic requirements therein. If the testing reveals that the dredged material exceeds the requirements for unrestricted use as clean fill, then the Applicant shall arrange for off-site disposal of the dredged sediments, after applying for and obtaining approval from the Department's Waste Management Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
28. Threatened, Endangered and Special Concern Species—The results obtained from utilizing the Pennsylvania Natural Diversity Inventory's Pennsylvania Natural Diversity Inventory (PNDI), and any determinations received from an appropriate jurisdictional agency during any associated consultations, are valid only for 2 years. Accordingly, Applicant must include new PNDI search results within its final EA, along with evidence of any necessary follow-up with the appropriate jurisdictional agency(s). In addition, PNDI search results and clearances must be current and valid, prior to the start of construction.
29. Seasonal Construction Schedule—No activities related to the transmission line portion of this project shall be completed during the osprey (Pandion haliaetus, PA threatened) nesting season, March 25 to July 31. All activities related to the transmission line should be completed between August 1 and March 24, which is outside the nesting season, to avoid potential impacts to nesting osprey.
30. Geotechnical Testing—If a temporary road, drilling platform or other structure is needed to conduct any core boring drilling operations or geotechnical testing, within the Commonwealth's waterways, Applicant shall obtain a permit(s) or other authorization(s) from the Department, prior to conducting any core boring drilling operations or geotechnical testing.
31. Preparedness, Prevention and Contingency Plan—The Applicant shall develop and maintain on site a Preparedness, Prevention and Contingency Plan (PPC Plan) for any project activities utilizing pollutants, pursuant to Section 91.34 of the regulations, 25 Pa. Code § 91.34. The PPC Plan shall be developed in accordance with the ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans'' which can be found at: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-48522/400-2200-001.pdf.
32. Operation—The 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 the Applicant.
33. 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 made available for inspection by the Department during such inspections of the Project.
34. Transfer of Projects—If the Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, the 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's Southwest 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. The existing owner shall continue to be responsible for construction and operations at the Project until a transfer to the new owner has been completed. The new owner shall comply with the conditions of this certification, which shall remain in effect, unless modified, in writing, by the Department.
35. 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, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, and shall reference DEP File No. WQ05-003, APS ID # 888601, or Authorization No. 1103887.
36. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that the Applicant has not complied with the terms and conditions of this certification. The Department reserves the right to require additional measures to achieve compliance with applicable laws and/or regulations, subject to the Applicant's applicable procedural and substantive rights.
37. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve the Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or State law or regulation.
38. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. § 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, 717-787-34-83. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-59—84. Appeals must be filed with the Environmental Hearing Board within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the Board within 30 days. You do not need a lawyer to file an appeal with the Board.
Important legal rights are at stake, however, so you should show this document to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the Secretary to the Board (717-787-3483) for more information.
Request for comments on the Total Maximum Daily Load (TMDL) Developed for Stony Run,
Westmoreland CountyThe Department of Environmental Protection will accept comments as of January 21, 2017 for the proposed TMDL proposed address aquatic life use impairments in Stony Run as noted in 2014 Pennsylvania Integrated Water Quality Monitoring and Assessment Report (Integrated List), initially listed in 2006. Stony Run is a tributary of the Kiski-Conemaugh River and the larger Allegheny River Basin. The watershed is located in Derry Township, Westmoreland County. The impairments were documented during biological surveys of the aquatic life present in the watershed (2005). No additional assessments have been conducted in this watershed as of the original impairment assessment (2005) and consecutive listing (2006). Excessive siltation due to agriculture activities was the source identified as causing impairment to the designated aquatic life use (Cold Water Fishery—CWF) in Stony Run. Pennsylvania does not currently have water quality criteria for sediment, a TMDL endpoint was identified using a reference watershed approach.
This proposed TMDL sets allowable loadings within the specifically impaired stream segments of the Stony Run watershed. The loading was allocated among the land uses of cropland, hay/pasture, and associated stream banks present in the watershed. Data used in these TMDLs was generated using a water quality analysis model (MapShed—GWLF) designed by the Penn State University. The following table shows the estimated current loadings for the watershed. Overall load reductions necessary in order to meet the TMDLs are also identified.
Summary of TMDL based load reductions for Stony Run in lbs./yr.
Pollutant TMDL WLA MOS LA LNR ALA Sediment 4,035,993.8 40,359.9 403,599.4 3,592,034.5 78,400.0 3,513,634.5
Summary of TMDL based load reductions for Stony Run in lbs./day
Pollutant TMDL WLA MOS LA LNR ALA Sediment 11,057.5 110.6 1,105.8 9,841.2 214.8 9,626.4 The data and all supporting documentation used to develop the proposed TMDLs are available from the Department. The proposed TMDLs and information on the TMDL program can also be viewed on the Department's website (www.dep.state.pa.us/watermanagement_apps/tmdl/). To submit comments or request a copy of the proposed TMDLs, contact Scott Alexander, Water Program Specialist, Bureau of Clean Water, Central Office, Department of Environmental Protection, Rachel Carson State Office Building, Harrisburg, PA 17105, 717-772-5670, salexander@pa.gov.
The Department will consider all comments in developing the final TMDLs, which will be submitted to EPA for final approval. Written comments will be accepted at the above address and must be postmarked by 30 days after publication in the Pennsylvania Bulletin.
[Pa.B. Doc. No. 17-110. Filed for public inspection January 20, 2017, 9:00 a.m.]
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