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PA Bulletin, Doc. No. 15-2105c

[45 Pa.B. 6825]
[Saturday, November 28, 2015]

[Continued from previous Web Page]

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P. S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1002).


Coal Permits Issued

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200

17100110 and NPDES PA0257427. Horton Coal Company, LLC (446 WM Cemetery Road, Curwensville, PA 16833). Permit renewal for continued operation and restoration of a bituminous surface mine located in Brady Township, Clearfield County affecting 28.0 acres. Receiving stream(s): Stump Creek classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: March 23, 2105. Permit issued: November 5, 2015.

Noncoal Permits Issued

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200

08090304 and NPDES No. PA0257206. M. R. Dirt, Inc. (21186 Route 187, Towanda, PA 18848). NPDES permit renewal on an existing large noncoal surface mine located in Wysox Township, Bradford County affecting 52.0 acres. Receiving stream(s): Unnamed Tributaries to Wysox Creek. Application received: February 10, 2015. Permit issued: November 2, 2015.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.

Blasting Permits Issued

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200

59154102. Meshoppen Stone, Inc. (P. O. Box 127, Meshoppen, PA 18630). Blasting for Talisman DCNR 594 gas pad located in Bloss Township, Tioga County with expiration date of November 3, 2016. Permit issued: November 10, 2015.

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118

Permit No. 15154110. Brubacher Excavating, Inc., (PO Box 528, Bowmansville, PA 17507), construction blasting for Atwater Village in East Whiteland Township, Chester County with an expiration date of November 3, 2016. Permit issued: November 10, 2015.

Permit No. 36154147. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Brooklawn Development in Manheim Township, Lancaster County with an expiration date of November 30, 2015. Permit issued: November 10, 2015.

Permit No. 36154148. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Chestnut Ridge Acres in Earl Township, Lancaster County with an expiration date of December 30, 2015. Permit issued: November 10, 2015.

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

Northwest Region: Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, 16335.

E24-263, Raymond L. and Michelle L. Calhoun, 583 Horizon Drive, Brockway, PA 15824. Tapawingo Lodge Pedestrian Bridge Across Dog Hollow Run, in Ridgway Township, Elk County, ACOE Pittsburgh District (Carman, PA Quadrangle N: 41.37265°; W: 78.791390°).

 To construct and maintain a 10-foot wide pile-supported pedestrian bridge having five 10-foot spans and one 20-foot span with a maximum underclearance of 10 feet across Dog Hollow Run (CWF) at Tapawingo Lodge approximately 250 feet upstream of SR 949 and at a point approximately 5.9 miles southwest of Ridgway.

E33-253, PA DOT District 10-0, 2550 Oakland Ave., Indiana, PA 15701. SR 0119 Section 559 Indiana Hill Climbing Lane, Punxsutawney Borough, Jefferson County, ACOE Pittsburgh District (Punxsutawney, PA Quadrangle N: 40°, 56`, 17.1"; W: -78°, 58`, 33.4").

 To permanently impact 0.34 acre of PEM wetland, temporarily impact 0.11 acre of PEM wetland, and permanently impact 60 linear feet of an unnamed tributary to Mahoning Creek as a result of the construction of a truck climbing lane and realignment of the Mahoning Shadow Trail, replacing the existing bridge with a concrete box culvert, on SR 119 approximately 1.5 miles north of its intersection with SR 436. Permanent wetland impacts of 0.34 acre will be mitigated through a debit from PennDOT's Jefferson County Wetland Bank.

ENVIRONMENTAL ASSESSMENTS

Northwest Region: Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481

EA20-052, Pennsylvania Game Commission, 9552 Hartstown Road, Hartstown, PA 16131. Pymatuning Wildlife Management Area—Moist Soil Unit, in North Shenango Township, Crawford County, ACOE Pittsburgh District (Hartstown, PA Quadrangle N: 41°, 36`, 51"; W: 80°, 25`, 35").

 To reestablish 20.1 acres of wetland habitat in an agricultural field located in the Pymatuning Wildlife Management Area. Work will include building 2 low berms with water control structures and minor site grading. The project will impact 0.392 acre of PEM wetland in the agricultural field for construction of the 20.1 acres wetland complex. The newly re-established wetlands will be managed by the applicant for waterfowl and water bird breeding habitat as well as migration and wintering habitat. The project is being reviewed as a restoration plan to qualify for waiver of permit requirements under 105.12(a)(16).

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.

Southwest Region: Waterways & Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.


ESCGP-2 No. Applicant Name &
Address
County Municipality Receiving
Water/Use
ESG0000515001(1) Columbia Midstream Group, LLC
5151 San Felipe Street,
Suite 2500,
Houston, TX 77056
Armstrong County Gilpin Township UNT to Elder Run
(WWF)

Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701

ESCGP-2 # ESG29-115-15-0043
Applicant Name DTE Energy
Contact Person Michael Cefalo
Address 1429 Oliver Road
City, State, Zip New Milford, PA 18834
County Susquehanna
Township(s) New Milford Twp
Receiving Stream(s) and Classification(s) East Lake  Creek & Salt Lick Creek (HQ-CWF)
 Secondary—Susquehanna River (WWF)

ESCGP-2 # ESG29-113-15-0006
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 6051 Wallace Road Ext, Suite 300
City, State, Zip Wexford, PA 15090-7383
County Sullivan & Bradford
Township(s) Forks & Overton Twps
Receiving Stream(s) and Classification(s) Black Creek  (EV, CWF)
 Secondary—Little Loyalsock Creek (CWF, EV)

ESCGP-2 # ESG29-081-15-0028
Applicant Name Anadarko Marcellus Midstream, LLC
Contact Person Rane Wilson
Address 33 West Third Street, Suite 200
City, State, Zip Williamsport, PA 17701
County Lycoming
Township(s) Cascade Twp
Receiving Stream(s) and Classification(s) East Branch  Murray Run (EV)
 Secondary—Murray Run (EV)

ESCGP-2 # ESX29-015-15-0017
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Road
City, State, Zip Montoursville, PA 17754
County Bradford
Township(s) West Burlington Twp
Receiving Stream(s) and Classification(s) UNT to North  Branch Towanda Creek (CWF)
 Secondary—Towanda Creek

STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITS


The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101—6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, PO Box 8763, Harrisburg, PA 17105-8763.

SSIP
Permit No.
Applicant Name &
Address
County Municipality Tank
Type
Tank
Capacity
15-02-038 Allegheny Petroleum Products Co.
999 Airbrake Avenue
Wilmerding, PA 15148-1064
Attn: Luke Wisniewski
Allegheny Wilmerding Borough 1 AST storing diesel fuel additive 30,000 gallons


SPECIAL NOTICES

Draft Hazardous Permit;
Notice of Intent to Issue a Hazardous Waste
Permit Modification

 The Department of Environmental Protection (DEP) intends to issue a permit modification to Bethlehem Apparatus Company, Inc. a Solid Waste Management Act Permit. This draft permit modification is to include mercury retirement activities at their Hazardous Waste facility located in the City of Bethlehem. The Bethlehem facility of Bethlehem Apparatus is primarily a treatment and storage facility for mercury. The facility recycles/reclaims mercury fro include the addition of red mercury sulfide treatment process for mercury retirement for offsite disposal of mercury as a hazardous solid waste m mercury bearing hazardous waste and sends it to their Hellertown facility for further refining by distillation for sale to commercial and industrial users. The mercury retirement activities will convert elemental mercury to mercury sulfide to be sent for disposal at a facility permitted to accept this material. The facility currently has an office area, a paved receiving lot, a material sorting and preparation area with various safety and handling equipment, an enclosed and covered container storage area, six high vacuum mercury retorts and associated equipment, a high vacuum auto-feed retort system, calomel work area, a mercury amalgamation area (for mercury retirement) and a research and development laboratory. All storage and treatment operations take place within the enclosed building.

 The public will be given 45 days to comment on the draft permit prepared under the Solid Waste Management Act. The comment period will begin on July 11, 2015, and will end on August 26, 2015. Any person interested in commenting on the application or draft permit must do so within this comment period. Copies of the application, draft permit and fact sheet for the Hazardous Waste Facility may be reviewed at the Pennsylvania Department of Environmental Protection, Bethlehem District Office at 4530 Bath Pike (Route 512), Bethlehem, PA 18017. Please contact Jeffrey Spaide at 570-826-2511 for further information.

 All persons wishing to comment on any of the permit conditions or permit application should submit the comments in writing to the Department of Environmental Protection, Waste Management Program, 2 Public Square, and Wilkes-Barre, PA 18701-1915; Attention Roger Bellas, Regional Solid Waste Manager. Comments should include all reasonably available references, factual grounds and supporting materials. A public hearing may be scheduled if requested.

 When making a determination regarding the issuance of a hazardous waste permit to Bethlehem Apparatus Company, Inc., the Department will consider all written comments received during the comment period, and oral or written statements received during a public hearing, the requirements of the hazardous waste regulations of 25 Pa. Code Chapters 260—270 and the Department's permitting policies.

Drinking Water State Revolving Fund
Special Notice


Special Notice under the Federal Safe Drinking
Water Act (42 U.S.C.A. §§ 300f, et. seq.)

Northwest Region: Safe Drinking Water Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481

Project Location:

Applicant Applicant Address County
Sykesville Borough 21 East Main Street,
Sykesville, PA 15865
Jefferson County

Project Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. Sykesville Borough ''Borough'' proposes the replace 25,900 L.F. of 8" and 12" diameter water transmission lines from their take-point with Dubois to the Borough's water storage tank, construct a new chlorination booster/metering station, and install a dedicated inlet pipe connection to the Borough's 250,000-gallon storage tank. The project will serve customers in the City of DuBois, Brady and Sandy Townships in Clearfield County and Sykesville Borough and Winslow Township in Jefferson County, Pennsylvania. The preliminary estimated project cost is $3,670,000. The Department's review of the project and the information received in the Environmental Report for the project has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby approves the Environmental Assessment.

Water Obstruction and Encroachment Permit

California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100

CDO-009. Robindale Energy Services, Inc., P. O. Box 228, Armagh, PA 15920. Unnamed Tributary 44463 to Blacklick Creek, Brush Valley Township, Indiana County, Pittsburgh ACOE District (New Florence, PA Quadrangle, UNT 44463 Blacklick Creek project area centroid latitude 40° 29` 31.63"N, Longitude 79° 01` 04.91" W). The applicant proposes the enhancement of 4,061 linear feet of stream and creation of 5.69 acres of wetlands to mitigate impacts associated with the expansion of the Dilltown Facility coal refuse disposal area located in Brush Valley Township, Indiana County.

 This is a Chapter 105 Water Obstruction and Encroachment permit application and 401 Water Quality Certification request.

 Written comments or objections on the request for Section 401 Water Quality Certification or to the issuance of the Water Obstruction and Encroachment Permit may be submitted to the Department within 30 days of the date of this notice to the California District Office, 25 Technology Park, Coal Center, PA 15423, Phone: 724.769.1100. Comments should contain the name, address, and telephone number of the person commenting. Identification of the request for 401 Water quality Certification and Chapter 105 permit application, to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including relevant facts upon which they are based.

 The Water Obstruction and Encroachment permit application is available for review at the California District Office, by appointment, at the address listed above.

 Application received: November 3, 2015

Draft NPDES Permit Public Hearing

 Notice is hereby given that the Department of Environmental Protection, District Mining Operations, 25 Technology Drive, Coal Center, PA 15423, has received a request for a public hearing on the draft NPDES Permit for the Matt Canestrale Contracting, Inc., PO Box 234, Belle Vernon, PA 15012, NPDES permit renewal (NPDES No. PA0215112—Mining Permit No. 26970702) published at 45 Pa.B. 4806 (August 15, 2015). The site has nine NPDES outfalls located in Luzerne Township, Fayette County one NPDES outfall in East Bethlehem Township, Washington County.

 The draft NPDES permit renewal lists the following NPDES outfalls:

 Outfall 001—Lat: 40° 00` 12" Long: 79° 57` 58"—UNT to Monongahela River

 Outfall 002—Lat: 40° 00` 10" Long: 79° 58` 56"—UNT to Monongahela River

 Outfall 003—Lat: 39° 59` 52" Long: 79° 58` 07"—UNT to Monongahela River

 Outfall 004—Lat: 39° 59` 40" Long: 79° 58` 17"—Meadow Run

 Outfall 005—Lat: 38° 59` 27" Long: 79° 58` 39"—UNT Meadow Run

 Outfall 006—Lat: 40° 00` 21" Long: 79° 59` 11"—UNT to Monongahela River

 Outfall 007—Lat: 39° 59` 59" Long: 79° 58` 59"—UNT to Monongahela River

 Outfall 008—Lat: 40° 00` 28" Long: 79° 59` 07"—UNT to Monongahela River

 Outfall 009—Lat: 39° 59` 42" Long: 79° 58` 18"—Meadow Run

 The Department will hold a public hearing on the draft NPDES permit renewal application at the LaBelle Volunteer Fire Department, Luzerne Township, 1101 LaBelle Road, LaBelle, PA 15450 on Thursday, January 7, 2016, from 6 p.m. to 8 p.m. The nature of the public hearing is to solicit concerns and comments regarding the draft NPDES permit renewal for the LaBelle Site. The public hearing will be held in accordance with 25 Pa. Code § 92a.83.

 The public hearing is being held at the request of the Citizens Coal Council and Environmental Integrity Project, who state the draft permit is insufficient under the Clean Water Act and fails to achieve water quality standards because:

 • It fails to include some of the most polluting point source discharges from the Matt Canestrale Contracting, Inc. site.

 • It uses the coal refuse technology-based limits for a host of other pollutants which are likely to be in the waste streams from the site.

 • The Department did not consider whether water-quality based limits are necessary when it is clear that the current technology-based limits are not sufficient to prevent violations of the water quality standards.

 • The Department failed to carry out a comprehensive reasonable potential analysis on the tributaries of the Monongahela.

 A Department representative will be available to receive both written and oral testimony regarding the draft NPDES permit. Testimony will be placed into public record for the draft NPDES permit and considered by Department staff in the review process. A court stenographer will be present to document the expressed concerns.

 Persons with a disability who wish to attend this public hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact Bonnie Herbert at (724) 769-1100 to discuss how the Department may accommodate your needs. If necessary, use the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD Users) or (800) 654-5988 (voice users) and request that the call be relayed to Bonnie Herbert at (724) 769-1100.

 Copies of the draft NPDES permit are on file for public review, by appointment, at the Department of Environmental Protection, District Mining Operations, 25 Technology Drive, California Technology Park, Coal Center, PA 15423, (724) 769-1100.

[Pa.B. Doc. No. 15-2105. Filed for public inspection November 25, 2015, 9:00 a.m.]



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