[47 Pa.B. 1168]
[Saturday, February 25, 2017]
[Continued from previous Web Page]
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.
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESX10-083-0019A—MROC Headwater Im-
poundment Renewal
Applicant Triana Energy, LLC
Contact Walter C. Showen, III
Address 900 Virginia Street East
City Charleston State WV Zip Code 25301
County McKean Township(s) Lafayette
Receiving Stream(s) and Classification(s) Droney Run,
Minard Run, UNT of Railroad Run EV, East Branch of
Tunungwant Creek HQ-CWFESCGP-2 # ESX11-047-0026—HM 7 WT 3237 PAT—
Renewal
Applicant Hunt Marcellus Operating Company
Contact Kurt Lewis
Address 2144 Buena Vista Highway
City Wilcox State PA Zip Code 15870
County Elk Township(s) Jones
Receiving Stream(s) and Classification(s) Wolf Run, Little
Wolf Run and SlideRunEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-117-17-0001
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) Jackson
Receiving Stream(s) and Classification(s) Hammond Ck
(CWF)ESCGP-2 # ESX29-117-17-0002
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) Richmond
Receiving Stream(s) and Classification(s) North Elk Run
(CWF)ESCGP-2 # ESX12-117-0019(01)
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) Shippen
Receiving Stream(s) and Classification(s) Darling Run
(HQ-CWF)ESCGP-2 # ESG29-081-16-0036
Applicant Name Range Resources—Appalachia LLC
Contact Person Christopher Waddell
Address 80 Health Dr
City, State, Zip Lock Haven, PA 17745
County Lycoming
Township(s) Cogan House
Receiving Stream(s) and Classification(s) Little Gap Run
(HQ-CWF); Hoagland Run (HQ-CWF)
Secondary—Hoagland Run (HQ-CWF); Lycoming Ck
(EV)ESCGP-2 # ESG29-115-15-0032
Applicant Name Williams Field Services Co LLC
Contact Person Lauren Miladinovich
Address Park Place Corporate Ctr 2, 2000 Commerce Dr
City, State, Zip Pittsburgh, PA 15275-1026
County Susquehanna
Township(s) Brooklyn, Harford, and Lenox
Receiving Stream(s) and Classification(s) Martins Ck
(CWF-MF) and tributaries thereto; Millard Ck (CWF-
MF) and tributaries thereto; and Tower Branch (CWF-
MF) and tributaries theretoESCGP-2 # ESX12-117-0030(01)
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) Charleston
Receiving Stream(s) and Classification(s) Catlin Hollow
(TSF)ESCGP-2 # ESX29-117-17-0004
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) Chatham
Receiving Stream(s) and Classification(s) Crooked Creek
(WWF)Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESG15-059-0012 Major Modification
Applicant Name Rice Poseidon Midstream, LLC
Contact Person Kyle Shirey
Address 2200 Rice Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Center Township
Receiving Stream(s) and Classification(s) UNTs to
Claylick Run (HQ-WWF)
Secondary: Claylick RunESCGP-2 # ESG16-059-0013
Applicant Name Cone Midstream Partners LP
Contact Person Carol Phillips
Address 1000 Consol Energy Drive
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Morris Township
Receiving Stream(s) and Classification(s) UNT to Bates
Fork (HQ-WWF)
Secondary: Bates ForkSouthwest Regional Office: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222, 412-442-4000.
The following Erosion and Sediment Control permit has been issued by the Department under the authority of The Clean Streams Law and 25 Pa. Code Chapter 102:
E&S Permit No.: ESG0500015001
Project Name: Mariner East II/Pennsylvania Pipeline
Project
Applicant Name: Sunoco Pipeline, L.P.
Contact Person: Matthew L. Gordon
Address: 535 Fritztown Road
City, State, Zip: Sinking Spring, PA 19608Project Locations:
Chartiers Township, Washington County
North Strabane Township, Washington County
Nottingham Township, Washington County
Union Township, Washington County
Forward Township, Allegheny County
Elizabeth Township, Allegheny County
Rostraver Township, Westmoreland County
South Huntington Township, Westmoreland County
Sewickley Township, Westmoreland County
Hempfield Township, Westmoreland County
City of Jeanette, Westmoreland County
Penn Township, Westmoreland County
Murrysville, Westmoreland County
Salem Township, Westmoreland County
Loyalhanna, Westmoreland County
Derry Township, Westmoreland County
Burrell Township, Indiana County
West Wheatfield, Indiana County
East Wheatfield, Indiana County
Jackson Township, Cambria County
Cambria Township, Cambria County
Munster Township, Cambria County
Cresson Township, Cambria County
Washington Township, Cambria CountyReceiving Streams and Classifications:
Watershed: Chartiers Run, WWF
Watershed: UNT to Chartiers Run (4), WWF
Watershed: Westland Run, WWF
Watershed: Chartiers Creek, WWF
Watershed: UNT to Chartiers Creek, WWF
Watershed: UNT to Chartiers Creek (3), WWF
Watershed: Little Chartiers Creek, WWF-HQ
Watershed: UNT to Little Chartiers Creek, WWF-HQ
Watershed: UNT to Peters Creek (6), TSF
Watershed: Peters Creek, TSF
Watershed: UNT to Mingo Creek (9), TSF-HQ
Watershed: UNT to Mingo Creek (3), TSF-HQ
Watershed: Froman Run, TSF
Watershed: UNT to Froman Run (3), TSF
Watershed: Monongahela River, WWF
Watershed: Monongahela River, WWF
Watershed: UNT to Bunola Run (4), WWF
Watershed: Bunola Run, WWF
Watershed: Kelly Run, WWF
Watershed: UNT to Kelly Run, WWF
Watershed: UNT to Perry Mill Run, WWF
Watershed: Perry Mill Run, WWF
Watershed: Sunfish Run, WWF
Watershed: UNT to Sunfish Run (5), WWF
Watershed: UNT to Beckets Run (8), WWF
Watershed: UNT to Gillespie Run (3), WWF
Watershed: Long Hollow, WWF
Watershed: UNT to Pollock Run (2), WWF
Watershed: UNT to Pollock Run (2), WWF
Watershed: Pollock Run, WWF
Watershed: Youghiogheny River, WWF
Watershed: Youghiogheny River, WWF
Watershed: UNT to Sewickley Creek (2), WWF
Watershed: Sewickley Creek, WWF
Watershed: UNT to Sewickley Creek (3), WWF
Watershed: UNT to Kellys Run, WWF
Watershed: Little Sewickley Creek, TSF
Watershed: UNT to Little Sewickley Creek, TSF
Watershed: Little Sewickley Creek, TSF
Watershed: UNT to Little Sewickley Creek (15), TSF
Watershed: UNT to Brush Creek (6), TSF
Watershed: Brush Creek, TSF
Watershed: UNT to Brush Creek, TSF
Watershed: UNT to Bushy Run, TSF
Watershed: Bushy Run, TSF
Watershed: UNT to Turtle Creek (2), TSF
Watershed: UNT to Turtle Creek (3), TSF
Watershed: Turtle Creek, TSF
Watershed: Thorn Run, CWF-HQ
Watershed: UNT to Beaver Run (19), CWF-HQ
Watershed: Beaver Run, CWF-HQ
Watershed: UNT to Porters Run (12), CWF-HQ
Watershed: Porters Run, CWF-HQ
Watershed: UNT to Loyalhanna Creek (12), CWF-HQ
Watershed: UNT to Serviceberry Run (2), WWF-HQ
Watershed: UNT to Serviceberry Run (4), WWF-HQ
Watershed: Serviceberry Run, WWF-HQ
Watershed: UNT to Loyalhanna Lake (2), WWF-HQ
Watershed: UNT to Loyalhanna Creek (8), WWF
Watershed: Loyalhanna Creek, WWF
Watershed: UNT to Boatyard Run (8), CWF
Watershed: Boatyard Run, CWF
Watershed: UNT to Boatyard Run (12), CWF
Watershed: UNT to Spruce Run (6), CWF-HQ
Watershed: Spruce Run, CWF-HQ
Watershed: UNT to Conemaugh River, CWF
Watershed: Conemaugh River, WWF
Watershed: Conemaugh River, WWF
Watershed: UNT to Conemaugh River (5), CWF
Watershed: UNT to Blacklick Creek (21), CWF
Watershed: UNT to Toms Run (9), CWF-TSF
Watershed: Toms Run, CWF-TSF
Watershed: UNT to Roaring Run (6), CWF
Watershed: Roaring Run, CWF
Watershed: UNT to Conemaugh River (2), CWF
Watershed: West Branch Richards Run, CWF
Watershed: UNT to West Branch Richards Run (4), CWF
Watershed: UNT to East Branch Richards Run (7), CWF
Watershed: East Branch Richards Run, CWF
Watershed: UNT to Conemaugh River (31), CWF
Watershed: UNT to Findley Run (15), CWF-HQ
Watershed: Findley Run, CWF-HQ
Watershed: UNT to Findley Run (10), CWF-HQ
Watershed: UNT to Laurel Run (10), CWF-HQ
Watershed: Laurel Run, CWF-HQ
Watershed: Hinckston Run, CWF
Watershed: UNT to Hinckston Run (10), CWF
Watershed: UNT to Saltlick Run (24), CWF-HQ
Watershed: Saltlick Run, CWF-HQ
Watershed: Stewart Run, CWF-HQ
Watershed: UNT to Stewart Run (7), CWF-HQ
Watershed: UNT to Roaring Run (8), CWF
Watershed: Roaring Run, CWF
Watershed: Howells Run, CWF
Watershed: UNT to Howells Run (20), CWF
Watershed: Sanders Run, CWF
Watershed: UNT to North Branch Little Conemaugh
River (13), CWF
Watershed: North Branch Little Conemaugh River, CWF
Watershed: UNT to Noels Creek (19), CWF-HQ
Watershed: Noels Creek, CWF-HQ
Watershed: UNT to Little Conemaugh River (15), CWF
Watershed: Little Conemaugh River, CWF
Watershed: Burgoon Run, CWF
Watershed: UNT to Burgoon Run (5), CWF
Watershed: UNT to Bear Rock Run (9), CWF
Watershed: UNT to Bear Rock Run, CWF
Watershed: UNT to Blair Run (3), CWFThe Department received a Notice of Intent (NOI) for coverage under the Department's ESCGP-2 general permit for this project. The Department published notice at 46 Pa.B. 4892 (August 6, 2016) that the NOI was under technical review. The Permit Number assigned to the NOI at that time was ESG0500015001. A 30-day public comment period was provided, which ended on September 6, 2016. Following the comment period, the Department determined that stormwater discharges associated with the proposed earth disturbances would be more appropriately controlled through an individual E&S permit, and the NOI and supporting materials that were submitted by the applicant were adequate to prepare an individual E&S permit.
Southeast Regional Office: Waterways and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, 484-250-5160.
The following Erosion and Sediment Control permit has been issued by the Department under the authority of The Clean Streams Law and 25 Pa. Code Chapter 102:
E&S Permit No.: ESG0100015001
Project Name: Mariner East II/Pennsylvania Pipeline
Project
Applicant Name: Sunoco Pipeline, L.P.
Contact Person: Matthew Gordon
Address: 535 Fritztown Road
City, State, Zip: Sinking Spring, PA 19608Project Locations:
West Nantmeal Township, Chester County
East Nantmeal Township, Chester County
Wallace Township, Chester County
Upper Uwchlan Township, Chester County
Uwchlan Township, Chester County
West Whiteland Township, Chester County
East Whiteland Township, Chester County
West Goshen Township, Chester County
East Goshen Township, Chester County
Westtown Township, Chester County
Thornbury Township, Delaware County
Edgmont Township, Delaware County
Middletown Township, Delaware County
Aston Township, Delaware County
Brookhaven Borough, Delaware County
Chester Township, Delaware County
Upper Chichester Township, Delaware CountyReceiving Streams and Classifications:
Chester County:
Black Horse Creek and unnamed tributaries (HQ-TSF,
MF)
East Branch Chester Creek and unnamed tributaries
(TSF, MF)
Marsh Creek and unnamed tributaries (HQ-TSF, MF)
Shamona Creek and unnamed tributaries (HQ-TSF, MF)
South Branch French Creek and unnamed tributaries
(EV, MF)
Valley Creek and unnamed tributaries (CWF, MF)
unnamed tributaries to School House Run (HQ-TSF, MF)
unnamed tributary to Ridley Creek (HQ-TSF, MF)Delaware County:
Chester Creek and unnamed tributaries (TSF, MF)
Chrome Run (TSF)
Crum Run and unnamed tributary (TSF)
Rocky Run (HQ-CWF)The Department received a Notice of Intent (NOI) for coverage under the Department's ESCGP-2 general permit for this project. The Department published notice at 46 Pa.B. 4892 (August 6, 2016) that the NOI was under technical review. The Permit Number assigned to the NOI at that time was ESG0100015001. A 30-day public comment period was provided, which ended on September 6, 2016. Following the comment period, the Department determined that stormwater discharges associated with the proposed earth disturbances would be more appropriately controlled through an individual E&S permit, and the NOI and supporting materials that were submitted by the applicant were adequate to prepare an individual E&S permit.
Southcentral Regional Office: Waterways and Wetlands Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, 717.705.4802.
The following Erosion and Sediment Control permit has been issued by the Department under the authority of The Clean Streams Law and 25 Pa. Code Chapter 102:
E&S Permit No.: ESG0300015002
Project Name: Mariner East II/Pennsylvania Pipeline
Project
Applicant Name: Sunoco Pipeline, L.P.
Contact Person: Matthew Gordon
Address: 535 Fritztown Road
City, State, Zip: Sinking Spring, PA 19608Project Locations:
Brecknock, Caernarvon, Cumru, Robeson, South
Heidelberg and Spring Townships and New Morgan
Borough, Berks County
Allegheny, Blair, Frankstown, Juniata and Woodbury
Townships, Blair County
Lower Allen, Lower Frankford, Lower Mifflin, Middlesex,
Monroe, North Middleton, Silver Spring, Upper Allen
and Upper Frankford Townships, Cumberland County Conewago, Derry, Londonderry and Lower Swatara Town-
ships and Highspire and Middletown Boroughs, Dau-
phin County
Penn, Shirley, Tell and Union Townships, Huntingdon
County
Lack Township, Juniata County
Clay and West Cocalico Township, Lancaster County
Heidelberg, South Annville, South Lebanon, South
Londonderry and West Cornwall Townships and
Cornwall Borough, Lebanon County
Jackson and Toboyne Townships, Perry County
Fairview Township, York CountyReceiving Streams and Classifications:
5 UNTs to Blair Run, Designated Use CWF
Blair Run, Designated Use CWF
UNT to Poplar Run, Designated Use CWF
Dry Run, Designated Use WWF
20 UNTs to Dry Run, Designated Use WWF
UNT to Blair Gap Run, Designated Use TSF
3 UNTs to Beaverdam Branch, Designated Use WWF
2 UNTs to Juniata River, Designated Use WWF
17 UNTs to Frankstown Branch Juniata River, Desig-
nated Use WWF
Frankstown Branch Juniata River, Designated Use WWF
11 UNTs to Oldtown Run, Designated Use WWF
Oldtown Run, Designated Use WWF
8 UNTs to Robinson Run, Designated Use WWF
22 UNTs to Juniata River, Designated Use WWF
Juniata River, Designated Use WWF
UNT to Piney Creek, Designated Use HQ-CWF
Piney Creek, Designated Use HQ-CWF
Clover Creek, Designated Use HQ-CWF
37 UNTs to Raystown Branch Juniata River, Designated
Use WWF
James Creek, Designated Use WWF
13 UNTs to James Creek, Designated Use WWF
9 UNTs to Raystown Lake, Designated Use WWF
7 UNTs to Little Trough Creek, Designated Use TSF
Little Trough Creek, Designated Use TSF
11 UNTs to Smith Run, Designated Use TSF
Smith Run, Designated Use TSF
9 UNTs to Hares Valley Creek, Designated Use TSF
Hares Valley Creek, Designated Use TSF
Scrub Run, Designated Use HQ-CWF
UNT to Scrub Run, Designated Use HQ-CWF
Singers Gap Run, Designated Use HQ-CWF
UNT to Singers Gap Run, Designated Use HQ-CWF
UNT to Hill Valley Creek, Designated Use HQ-CWF
Hill Valley Creek, Designated Use HQ-CWF
3 UNTs to Juniata River, Designated Use HQ-CWF
8 UNTs to Aughwick Creek, Designated Use TSF
Aughwick Creek, Designated Use TSF
7 UNTs to Fort Run, Designated Use CWF
Fort Run, Designated Use CWF
6 UNTs to Blacklog Creek, Designated Use HQ-CWF
Blacklog Creek, Designated Use HQ-CWF
19 UNTs to George Creek, Designated Use CWF
George Creek, Designated Use CWF
7 UNTs to George Creek, Designated Use CWF
George Creek, Designated Use CWF
20 UNTs to Tuscarora Creek, Designated Use CWF
Tuscarora Creek, Designated Use CWF
Horse Valley Run, Designated Use HQ-CWF
5 UNTs to Horse Valley Run, Designated Use HQ-CWF
6 UNTs to Shermans Creek, Designated Use HQ-CWF
Shermans Creek, Designated Use HQ-CWF
4 UNTs to Shultz Creek, Designated Use HQ-CWF
Shultz Creek, Designated Use HQ-CWF
6 UNTs to Shaeffer Run, Designated Use HQ-CWF
Shaeffer Run, Designated Use HQ-CWF
Bull Run, Designated Use HQ-CWF
Laurel Run, Designated Use EV
7 UNTs to Laurel Run, Designated Use HQ-CWF
UNT to South Branch Laurel Run, Designated Use
HQ-CWF
South Branch Laurel Run, Designated Use HQ-CWF
14 UNTs to Double Gap Creek, Designated Use HQ-CWF
Doubling Gap Creek, Designated Use HQ-CWF
Rock Run, Designated Use WWF
UNT to Rock Run, Designated Use WWF
64 UNTs to Conodoguinet Creek, Designated Use WWF
5 UNTs to Bloser Creek, Designated Use WWF
Bloser Creek, Designated Use WWF
9 UNTs to Locust Creek, Designated Use WWF
Locust Creek, Designated Use WWF
9 UNTs to Opossum Creek, Designated Use HQ-TSF
Opossum Creek, Designated Use HQ-TSF
5 UNTs to Meetinghouse Run, Designated Use WWF
Meetinghouse Run, Designated Use WWF
Conodoguinet Creek, Designated Use WWF
3 UNTs to Letort Spring Run, Designated Use CWF,
Existing USE HQ-CWF
Letort Spring Run, Designated Use CWF, Existing Use
HQ-CWF
Hogestown Run, Designated Use CWF
Trindle Spring Run, Designated Use HQ-CWF
UNT to Trindle Spring Run, Designated Use HQ-CWF
13 UNTs to Yellow Breeches Creek, Designated Use CWF
5 UNTs to Cedar Run, Designated Use CWF
Yellow Breeches Creek, Designated Use CWF
12 UNTs to Yellow Breeches Creek, Designated Use CWF
8 UNTs to Marsh Run, Designated Use WWF
11 UNTs to Susquehanna River, Designated Use WWF
Susquehanna River, Designated Use WWF
9 UNT to Lisa Lake, Designated Use WWF
20 UNTs to Swatara Creek, Designated Use WWF
Swatara Creek, Designated Use WWF
17 UNTs to Iron Run, Designated Use WWF
Iron Run, Designated Use WWF
23 UNTs to Spring Creek, Designated Use WWF
7 UNTs to Spring Creek, Designated Use WWF
8 UNTs to Killinger Creek, Designated Use TSF
5 UNTs to Buckholder Run, Designated Use TSF
Buckholder Run, Designated Use TSF
4 UNTs to Gingrich Run, Designated Use TSF
Gingrich Run, Designated Use TSF
Bachman Run, Designated Use TSF
Beck Creek, Designated Use TSF
Snitz Creek, Designated Use TSF
UNT to Snitz Creek, Designated Use TSF
UNT to Quittapahilla Creek, Designated Use TSF
6 UNTs to Hammer Creek, Designated Use CWF
Hammer Creek, Designated Use CWF
Middle Creek, Designated Use WWF
5 UNTs to Middle Creek, Designated Use WWF
31 UNTs to Cocalico Creek, Designated Use HQ-WWF
Cocalico Creek, Designated Use HQ-WWF
Harnish Run, Designated Use WWF
3 UNT to Harnish Run, Designated Use WWF
9 UNTs to Little Cocalico Creek, Designated Use TSF
8 UNTs to Cacoosing Creek, Designated Use CWF
Cacoosing Creek, Designated Use CWF
15 UNTs to Cacoosing Creek, Designated Use CWF
Little Muddy Creek, Designated Use TSF
13 UNTs to Wyomissing Creek, Designated Use HQ-CWF
Wyomissing Creek, Designated Use HQ-CWF
Allegheny Creek, Designated Use CWF
19 UNTs to Allegheny Creek, Designated Use CWF 2 UNTs to Sleepy Hollow Run, Designated Use CWF,
Existing Use HQ-CWF
8 UNTs to Rock Run, Designated Use HQ-CWF
Rock Run Berks, Designated Use HQ-TSF
UNT to Rock Run, Designated Use HQ-TSF
Hay Creek Berks, Designated Use EV, Existing Use
HQ-CWF
12 UNTs to Hay Creek, Designated Use EV, Existing Use
HQ-CWF
UNT to Hay Creek, Designated Use CWF
UNT to Conestoga River, Designated Use WWF
12 UNTs to East Branch Conestoga River, Designated
Use WWF
East Branch Conestoga River, Designated Use WWFThe Department received a Notice of Intent (NOI) for coverage under the Department's ESCGP-2 general permit for this project. The Department published notice at 46 Pa.B. 4892 (August 6, 2016) that the NOI was under technical review. The Permit Number assigned to the NOI at that time was ESG0300015002. A 30-day public comment period was provided, which ended on September 6, 2016. Following the comment period, the Department determined that stormwater discharges associated with the proposed earth disturbances would be more appropriately controlled through an individual E&S permit, and the NOI and supporting materials that were submitted by the applicant were adequate to prepare an individual E&S permit.
SPECIAL NOTICES
Air Quality; Alternative Compliance Schedule for Case-by-Case RACT 2 Implementation Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
06-05036C: Novipax, LLC (4275 Reading Crest Avenue, Reading, PA 19605) On December 29, 2016, DEP approved Novipax's October 24, 2016 petition for an alternative compliance schedule for case-by-case RACT 2 implementation at the polystyrene foam product manufacturing facility located in Muhlenberg Township, Berks County. Novipax proposed the use of a non-VOC blowing agent to limit pentane content of foam products in all seven extruders at their Reading facility. This will involve the installation of additional equipment (e.g. piping, pumps, controls) on Extruder 250, as well as extensive product testing for all extruders, in order to implement the proposed RACT plan. In order to implement this project Novipax requested the following alternative compliance schedule:
1.) until 1/1/18 for Extruders 260, 230, 222, 217, 270 and 290, for the increased use of non-VOC blowing agent, to include product testing.
2.) until 57 weeks after Final Plan Approval and completion of the appropriate public notice and comment period, for the Extruder 250, to include obtaining plan approval, equipment installation and product testing.
3.) upon issuance of the Final Plan Approval for a proposed reduction in annual VOC limit from 711 tpy to 650 tpy.
Between the initial compliance date of 1/1/17 and the completion of modifications and product testing noted above, the facility would comply 1.) with an interim facility VOC limit of 650 tpy, inclusive of all seven extruders, and 2.) with a 4.1% pentane content limit on all foam products produced from Extruders 260, 230, 222, and 217 with a basis weight of 8.0 g/60 sq. in. or greater.
DEP approved the petition for alternative compliance schedule, as described above, with the following caveats: 1.) the final compliance date shall be no later than 3 years after December 29, 2016, and 2.) the petition approval is contingent upon future DEP approval of the case-by-case RACT proposal contained in Plan Approval Application No. 06-05036C, as proposed by Novipax.
Conditional State Water Quality Certification for the Gray's Landing Lock and Dam Hydroelectric Project, FERC Project No. 13763 On February 27, 2014, FFP Missouri 13, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 12-megawatt (MW) hydropower facility at the Gray's Landing Lock and Dam, owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monongahela River, at river mile 82.0, in Greene and Fayette Counties, 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 February 10, 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 September 22, 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, approximately 300-foot-long intake channel to be excavated from the river to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new concrete, 150-long powerhouse that would be built on the east bank, adjacent to the river. The powerhouse would house two (2) horizontal pit Kaplan turbine generator units with a combined capacity of 12 MW. Flows would exit the powerhouse into an approximately 250-foot-long, new tailrace that will join the river. The tailrace will be bordered by a new concrete retaining wall or a combination of retaining wall and riprap as appropriate. Variable high crest gates would be installed on the existing dam. Project power would be transmitted from the powerhouse to a new 40` × 40` project substation, and then from the new substation to an existing transmission line, with a 9,965-foot-long, 69-kilovolt overhead transmission line.
The Department published notice of its proposed State water quality certification at 46 Pa.B. 7543 (December 3, 2016), and received zero 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. Within its final EA, the Applicant shall also provide written documentation that it has complied with each of the conditions within this Conditional Water Quality Certification. 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 Chapter 105 Water Obstruction and Encroachment Permit(s) (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. The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of 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—Applicant has indicated that potential fish protection measures for the Project will be further addressed in the final design as detailed engineering is undertaken. Accordingly, 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 3-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), (11), (12).
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. Cumulative Impacts to Riverine Habitat and Food Chain—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, and since the development of locks and dams for navigation has compressed the flowing water habitat within these rivers to tailrace areas below these dams, the Applicant, during final design, shall further evaluate the cumulative impacts from these hydroelectric projects, upon riverine habitat and the food chain, within the three (3) river basins. 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.
13. Minimum By-pass Flows—Applicant has proposed variable, minimum by-pass flows, on a monthly basis, through the proposed crest gates; however, 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. Since the Applicant's model simulations indicate that dissolved oxygen levels, in particular during average and dry hydrology years, will be reduced by the operation of the proposed hydropower facility, the Applicant shall consider within its evaluation whether year-round by-pass flows, increased by-pass flow volumes, and/or aeration equipment are needed to maintain State water quality standards. 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. By-pass flows shall be provided across the length of the dam.
14. Effect on Pool Elevation—Applicant has indicated that the Project will affect the pool elevation behind the existing lock and dam structure. Accordingly, during the final design, Applicant shall further investigate and quantify any changes in pool elevation, as a result of this Project. In addition, Applicant shall evaluate potential threats from the identified change in pool elevation, which shall include but not be limited to, threats to property, riparian rights, existing wetlands and other aquatic habitats, and fishing access. Applicant shall include its investigation and evaluation in its final EA, to be submitted to the Department, for review and approval, prior to the start of construction.
15. 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.
16. Hydraulic Modeling—Applicant shall provide estimates of flood frequencies and flood flows at the site of the proposed raceway, which could include additional hydraulic modeling. The estimates of flood frequencies and flood flows, or the results of any 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. If additional hydraulic modeling is undertaken, the applicant shall use the results of the additional hydraulic modeling to further evaluate potential impacts to fish, freshwater mussels, and aquatic habitat, within the project area, 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 development of these site-specific hydraulic studies should be coordinated with the Department and the PA Fish and Boat Commission, before conducting them.
17. Wetland Delineation—Applicant has indicated that the proposed transmission line was not included within its original survey corridor. Accordingly, Applicant shall identify the regulated Waters of the Commonwealth (i.e. watercourses, floodways, and bodies of water, including wetlands) on the site. The wetlands shall be identified and delineated in accordance with the Department's Wetland Delineation Policy. The Applicant shall include this information within its final EA to be submitted to the Department, for review and approval, prior to the start of construction. If the proposed transmission line will impact any watercourse, floodway, and/or bodies of water, including wetlands, the Applicant may need to submit applications for, and obtain, Water Obstruction and Encroachment Permits, from the Department, prior to the start of construction.
18. Programmatic Agreement—The PA Historical and Museum Commission (PHMC) has determined that FERC's issuance of an original license to FFP Missouri 13, LLC to construct, operate, and maintain the Gray's Landing Lock and Dam Hydroelectric Project may affect properties included in or eligible for inclusion in the National Register of Historic Places. Accordingly, Applicant shall work with PHMC in the creation of a mitigation plan to protect this structure, which may include the Applicant complying with a 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 13, LLC for the Construction, Operation, and Maintenance of the Gray's Landing Lock and Dam Hydroelectric Project Located in Greene and Fayette Counties, Pennsylvania (FERC No. 13763-002).
19. 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.
20. 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.
21. Fish and Mussel Surveys and Mitigation—At a minimum, 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.
22. 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.
23. 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 promulgated thereunder, and 25 Pa. Code § 93.7.
24. 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 Maxwell 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 promulgated thereunder.
25. Stream and Habitat Mitigation—Since the Project will impact approximately 1.2 acre of riverine habitat, Applicant shall include, within its final EA to be submitted to the Department, a plan to mitigate for this impact to riverine habitat, for the Department's review and approval, prior to the start of construction.
26. Fishing Access—During final design, Applicant shall develop a plan to compensate for lost recreational fishing by providing angler access that is comparable to, or better than, current conditions. Applicant shall consider providing angler access that is close to normal water surface elevations and the water's edge, and adequately compensate for the footage of fishing access lost.
27. 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 docks and/or barge mooring areas that are located below the Gray's Landing Lock & Dam structure. Accordingly, in its final EA, Applicant shall provide to the Department, and to the owner(s)/operator(s) of the docks and/or barge mooring areas, an analysis of the effect that the increased velocities might have on barge and/or boat safety, and on barge operators and boaters, and on the docks and mooring areas, below the dam. This analysis shall be completed by a hydrologist. In addition, Applicant shall provide a letter from the owner(s)/operator(s) of the docks and/or mooring areas, commenting on this analysis.
28. 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.
29. 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.
30. 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.
31. 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.
32. PNDI Avoidance Measure—Three state-listed plant species (tooth-cup/Rotala ramosior—PA Rare; scarlet ammannia/Ammannia coccinea—proposed PA Threatened; and hooded arrowhead/Sagittaria calycina var. calycina—potential new State record) were identified within an emergent, fringe wetland, along the Monongahela River. In addition, sourwood (Oxydendrum arboreum—proposed PA Rare) was identified at two (2) locations along the project corridor. Applicant shall avoid directly impacting the mapped locations of these species, and shall maintain a buffer of 50 feet or greater from these sensitive areas. The applicant shall incorporate these avoidance measures into its final design, which is to be included within its final EA, to be submitted to the Department, for review and approval, prior to the start of construction. If these avoidance measures cannot be implemented, then the applicant must consult with the Department, and the PA Department of Conservation and Natural Resources, regarding additional avoidance and mitigation measures that may be required, to avoid or minimize impacts to these species.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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. WQ05-009, APS ID # 890634, or Authorization No. 1107421.
39. 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.
40. 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.
41. FERC Original License—The Applicant shall supply to the Department a copy of the Original License issued by FERC for this project, not later than ten days after the issuance of such license. The Department may revoke, suspend or modify this Conditional Water Quality Certification as it deems appropriate, depending upon the terms of said license.
42. Compliance with Terms and Conditions—This Conditional State Water Quality Certification does not relieve the Applicant of the responsibility for any discharge to waters of the Commonwealth, or allow for any inappropriate discharge to occur. Failure to comply with the terms and conditions of this Conditional State Water Quality Certification will result in the automatic nullification and voidance of this certification, and may subject the Applicant and responsible parties to pay fines of up to $10,000, per violation, for each day the violation occurs, constituting a separate violation.
43. 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, 717-787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the Board within 30 days. You do not need a lawyer to file an appeal with the Board.
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.
Conditional State Water Quality Certification for the Point Marion Lock and Dam Hydroelectric Project, FERC Project No. 13771 On February 27, 2014, Solia 8 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC), for a license to construct and operate a 5-megawatt (MW) hydropower facility, at the Point Marion Lock and Dam, owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monongahela River, at river mile 90.8, in Fayette and Greene Counties, 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 February 12, 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 November 14, 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 255-foot-long intake channel, to be excavated into the riverbed immediately downstream of the Corps' dam. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new reinforced concrete powerhouse that is 120 feet long. The powerhouse would house two (2) identical horizontal pit Kaplan turbine generator units with a combined capacity of 5 MW. Flows would exit the powerhouse into a 225-foot-long tailrace excavated into the riverbed. Project power would be transmitted from the powerhouse to a new project substation, and then from the new substation to an existing distribution line, with an overhead transmission line.
The Department published notice of its proposed State water quality certification at 46 Pa.B. 7835 (December 17, 2016), and received zero 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. Within its final EA, the Applicant shall also provide written documentation that it has complied with each of the conditions within this Conditional Water Quality Certification. 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 Chapter 105 Water Obstruction and Encroachment Permit(s) (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. The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of 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—Applicant has indicated that potential fish protection measures for the Project will be further addressed in the final design as detailed engineering is undertaken. Accordingly, 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 3-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), (11), (12).
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. Cumulative Impacts to Riverine Habitat and Food Chain—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, and since the development of locks and dams for navigation has compressed the flowing water habitat within these rivers to tailrace areas below these dams, the Applicant, during final design, shall further evaluate the cumulative impacts from these hydroelectric projects, upon riverine habitat and the food chain, within the three (3) river basins. 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.
13. Minimum By-pass Flows—Applicant has proposed a seasonal minimum by-pass flow, over the spillway; however, 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. Since the Applicant's model simulations indicate that dissolved oxygen levels will be reduced by the operation of the proposed hydropower facility, the Applicant shall consider within its evaluation whether year-round by-pass flows, increased by-pass flow volumes, and/or aeration equipment are needed to maintain State water quality standards. 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. By-pass flows shall be provided across the length of the dam.
14. 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.
15. Hydraulic Modeling—Applicant shall provide an evaluation of potential impacts upon the habitat in the vicinity of a small island that is located within the river, below the Point Marion Lock & Dam. In addition, Applicant shall provide an evaluation of the potential for increased erosion of this island. Additional hydraulic modeling may be needed to conduct these evaluations. The results of these evaluations and any 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 fish, freshwater mussels, and aquatic habitat, within the project area, 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, including a plan to address any potential impacts to habitat around the island and impacts from potential accelerated erosion. The development of these site-specific hydraulic studies should be coordinated with the Department and the PA Fish and Boat Commission, before conducting them.
16. Resource Identification—Applicant has not provided adequate documentation, regarding its investigation for regulated Waters of the Commonwealth (i.e. watercourses, floodways, and bodies of water, including wetlands), along the entire, proposed access road. Accordingly, Applicant shall identify the regulated Waters of this Commonwealth on the site. The wetlands shall be identified and delineated in accordance with the Department's Wetland Delineation Policy. The Applicant shall include this information within its final EA to be submitted to the Department, for review and approval, prior to the start of construction. If the proposed access road will impact any watercourse, floodway, and/or bodies of water, including wetlands, the Applicant may need to submit application(s) for, and obtain, Water Obstruction and Encroachment Permit(s), from the Department, prior to the start of construction.
17. Recreation Areas—Applicant has indicated that project will have a direct impact upon the proposed Monongahela River Trail North, and is in close proximity to the proposed Sheepskin Trail and an abandoned railroad corridor that is used for public access. Accordingly, Applicant shall contact and coordinate its project development with the owners and/or managers of these trails, during its final design process. Applicant shall include evidence of these coordination efforts in its final EA, to be submitted to the Department, for review and approval, prior to the start of construction. Alternative designs may need to be considered, to avoid or minimize any adverse environmental impacts that may be identified, during this coordination with the trail owners and/or managers. Mitigation may be required to compensate for any adverse environmental impacts that cannot be avoided.
18. Programmatic Agreement—The PA Historical and Museum Commission (PHMC) has determined that FERC's issuance of an original license to Solia 8 Hydroelectric, LLC to construct, operate, and maintain the Point Marion Lock and Dam Hydroelectric Project may affect properties included in or eligible for inclusion in the National Register of Historic Places. Accordingly, Applicant shall work with PHMC in the creation of a mitigation plan to protect this structure, which may include the Applicant complying with a 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 Solia 8 Hydroelectric, LLC for the Construction, Operation, and Maintenance of the Point Marion Lock and Dam Hydroelectric Project Located in Fayette County, Pennsylvania (FERC No. 13771-002).
19. 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.
20. 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.
21. Fish and Mussel Surveys and Mitigation—The Project footprint will impact approximately 2.0 acres of riverine habitat. Accordingly, at a minimum, 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.
22. 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.
23. 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 promulgated thereunder, and 25 Pa. Code § 93.7.
24. 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 Gray's Landing 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 promulgated thereunder.
25. Stream and Habitat Mitigation—Since the Project will impact approximately 2.0 acres of riverine habitat, Applicant shall include, within its final EA to be submitted to the Department, a plan to mitigate for this impact to riverine habitat, for the Department's review and approval, prior to the start of construction.
26. Fishing Access—During final design, Applicant shall develop a plan to compensate for lost recreational fishing by providing angler access that is comparable to, or better than, current conditions. Applicant shall consider providing angler access that is close to normal water surface elevations and the water's edge, and adequately compensate for the footage of fishing access lost.
27. 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 docks and/or barge mooring areas that are located below the Point Marion Lock & Dam structure. Accordingly, in its final EA, Applicant shall provide to the Department, and to the owner(s)/operator(s) of the docks and/or barge mooring areas, an analysis of the effect that the increased velocities might have on barge and/or boat safety, and on barge operators and boaters, and on the docks and mooring areas, below the dam. This analysis shall be completed by a hydrologist. In addition, Applicant shall provide a letter from the owner(s)/operator(s) of the docks and/or mooring areas, commenting on this analysis.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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. WQ05-010, APS ID # 890865, or Authorization No. 1107811.
38. 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.
39. 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.
40. FERC Original License—The Applicant shall supply to the Department a copy of the Original License issued by FERC for this project, not later than ten days after the issuance of such license. The Department may revoke, suspend or modify this Conditional Water Quality Certification as it deems appropriate, depending upon the terms of said license.
41. Compliance with Terms and Conditions—This Conditional State Water Quality Certification does not relieve the Applicant of the responsibility for any discharge to waters of the Commonwealth, or allow for any inappropriate discharge to occur. Failure to comply with the terms and conditions of this Conditional State Water Quality Certification will result in the automatic nullification and voidance of this certification, and may subject the Applicant and responsible parties to pay fines of up to $10,000, per violation, for each day the violation occurs, constituting a separate violation.
42. 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, 717-787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the Board within 30 days. You do not need a lawyer to file an appeal with the Board.
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.
[Pa.B. Doc. No. 17-332. Filed for public inspection February 24, 2017, 9:00 a.m.]
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