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PA Bulletin, Doc. No. 09-1564d

[39 Pa.B. 5031]
[Saturday, August 22, 2009]

[Continued from previous Web Page]

APPENDIX ''E''

Predredging Protocol for Sampling and Relocating Live Salamander Mussels July 2009

Purpose

   The three goals of this document are to provide:  1) a qualitative method to survey for live Salamander Mussels by targeting their microhabitats; 2) methods for identifying appropriate refuge habitat (refuge habitat--area protected in perpetuity from sand and gravel dredging operations) for Salamander Mussels and establish a Salamander Mussel relocation and monitoring protocol; and; 3) numeric criteria for Salamander Mussels to provide judgment of habitat value for areas proposed for dredging. If such criteria are exceeded, then additional site-specific dredger/agency discussions may occur. If numeric criteria are not triggered, then Salamander Mussels shall be relocated and sand and gravel dredging can proceed.

   This protocol is designed for sampling Salamander Mussels as part of predredging surveys when Salamander Mussels are found during the earlier phases of the mussel survey. This survey protocol shall take effect immediately and be applicable to areas where Salamander Mussels may have already been found.

   In the future, should the Pennsylvania Fish and Boat Commission (PaFBC) adopt amendments to 58 Pa. Code §§ 75.1 or 75.2 to add the Salamander Mussel to the Pennsylvania Department of Environmental Protection (Department) endangered or threatened species list, the Department shall still utilize this survey protocol for permitting decisions for the current permitting cycle, which shall end on or before December 10, 2011, in areas proposed for dredging where the Salamander Mussel may be present.

Criteria that Trigger a Salamander Mussel Survey

Criteria 1.  One or more Salamander Mussels are collected during a Phase I transect survey.

   If at least one live salamander mussel (Simpsonaias ambigua) is collected during a Phase I transect survey conducted, as required by Special Condition E, in accordance with the most recent Department approved Mussel Survey Protocol, the diver shall physically mark the location of the microhabitat using a buoy or other means and geo-reference the Salamander Mussel location. This shall allow the diver to return for a more intensive search. The transect segment where the Salamander Mussel was collected shall be the epicenter of the survey to specifically target this species or adjusted depending upon habitat conditions.

Criteria 2.  One or more Salamander Mussels are collected during a Phase II survey.

   If a Phase I survey triggers the need for a Phase II survey (based on finding species other than the Salamander Mussel), and if at least one live salamander mussel is collected during Phase II, then the same procedures as outlined previously shall be followed.

   The methods described as follows shall be used to search for additional Salamander Mussels.

Survey Procedures

Identifying Survey Area.

   Surveyors shall return to the Phase I transect segment or Phase II area where the Salamander Mussel was collected. A 100 meter by 100 meter (10,000 square meter) area (cell) of river bottom shall be marked with buoys or another method so that divers can search within the area for microhabitats where Salamander Mussels and Mudpuppies are likely to be found (flat rocks, submerged logs, debris, bank overhangs, and the like).

   If more than one Phase I or II location triggered a Salamander Mussel survey, then multiple overlapping 100 meter by 100 meter cells shall be delineated. If the search area exceeds 30 feet in depth or is restricted by bank, the survey area shall be adjusted to only include areas less than 30 feet deep or additional areas upstream or downstream. This shall be done to accommodate a total cell area surveyed of 10,000 square meters.

Targeted Surveys Within Cell.

   After the cell area is delineated, one or more divers shall systematically search the entire cell area for Salamander Mussel microhabitat features such as large flat rocks, ledges, submerged logs or other objects where Mudpuppies may be found. When appropriate habitat features are encountered, the diver shall carefully lift the object and search (visually and by feel) for mussels in the top few centimeters of sediment. The size of the object to be moved shall be determined by the diver at that time, based on site conditions and personnel safety.

   All live mussels and mussel shells collected within the specified microhabitat shall be carefully placed in a mesh dive bag, brought to the boat and total length of live specimens recorded. All mussels collected shall be identified by a qualified environmental consultant. Divers shall search for and separately bag all live mussels and shells from under specific microhabitat features in the pre-measured area. All mussels shall be identified, counted and total shell length measured. Mussel occurrences shall be related to specific microhabitat features where they were collected.

Assigning an Importance Value to an Area Containing Salamander Mussels.

1.  Six or More Salamander Mussels

   If a combined total of six or more Salamander Mussels are found in all surveys conducted at a transect (Salamander Mussel survey, either a Phase I or Phases I and II), then dredging shall be prohibited at this location unless one or more of the Permittees request reconsideration. If any of the Permittees request reconsideration, the Department, in consultation with the PaFBC, shall render the final determination. Site-specific discussions between the PaFBC, the Department and the Permittees may take place. The purpose of these discussions would be to evaluate the protective buffers while ensuring no adverse impacts to Salamander Mussel population. Depending on the site-specific conditions, such as where the microhabitat was found with respect to the proposed dredging activities, the Department may consider adjusting the buffer areas (upstream, downstream and/or laterally) or other conditions that may allow dredging near these areas. The Permittee must provide the information to demonstrate that no adverse impacts to the Salamander Mussel population occur as the result of a variance.

2.  Five or Less Salamander Mussels

   If a combined total of five or fewer Salamander Mussels are found in all surveys conducted at a transect (Salamander Mussel survey, either Phase I or Phases I and II), then all collected salamander mussels shall be relocated in accordance with the protocol as follows and the area shall be deemed suitable for dredging.

Salamander Mussel Relocation Protocol

   The Salamander Mussels collected in these surveys shall be relocated to suitable refuge habitat near Murphy's Island, immediately upstream or downstream of the island or other agreed upon refuge areas. The exact sites for the relocation shall be approved by the Department, in consultation with the PaFBC. Procedures described in this section shall be used to relocate Salamander Mussels.

Determining Relocation Site

   In the event that live Salamander Mussels are collected, investigators shall examine the relocation site prior to relocation. At the relocation site the diver shall locate an appropriate microhabitat such as a large flat rock. The object shall be lifted and/or inspected to determine if the substrate is suitable. If resident Salamander Mussels are already present under the object, a second site may be chosen. Once suitable microhabitats have been identified, they shall be marked with buoys or another method so that the location can be found later.

   Relocation sites shall be considered Salamander Mussel refuge areas and protected in perpetuity from sand and gravel dredging operations.

Conducting the Relocation

   1.  Salamander Mussels shall be collected and relocated when water temperature is no less than 55° F and water clarity is good.

   2.  Only persons who are thoroughly briefed on all techniques and overseen by a qualified environmental consultant may perform mussel surveys and relocations.

   3.  All mussels collected by targeted sampling (common mussels as well as Salamander Mussels) shall be identified, counted, total shell length measured with calipers and sexed if possible. Live Salamander Mussels of sufficient size shall be marked with glue-on numbered shellfish tags. If any Salamander Mussels are not tagged, the numbers of mussels not tagged, their lengths, and reason for not tagging shall be recorded.

   4.  While awaiting processing, mussels shall be held in mesh bags and suspended in river water to maximize survival and minimize stress.

   5.  Salamander Mussels collected during the pre-dredging survey shall be relocated to suitable microhabitat that was previously described. Such suitable microhabitat shall include:  a) appropriately-sized shelter rocks; b) stable sand/gravel or sand/gravel/cobble substrate below ordinary low water elevation; and c) sites with similar mussel species richness, including other live Salamander Mussels. In addition, the relocation site should not be subjected to point-source or non-point source discharges or in areas likely to be dredged or disturbed in the future.

   6.  This relocation is being conducted to:  a) increase opportunity for Salamander Mussel survival; b) facilitate monitoring of all relocated mussels; and c) provide information regarding mussel relocation methods.

   7.  A mussel surveyor shall individually place Salamander Mussels in the substrate with siphons exposed. Every effort shall be made to reduce the likelihood that mussels will be dislodged during high flow. It may be necessary to make a small excavation in the substrate for the mussels.

   8.  Any dead Salamander Mussels (either fresh dead when collected or killed as a result of this process) shall be preserved according to standard museum practices. Associated data to be recorded shall include date of collection, complete scientific and common name, latitude and longitude of collection site, and description of habitat at the collection site. These data, plus the specimens, shall then be submitted to the PaFBC or to the Carnegie Museum of Natural History (CMNH). The appropriate person at the PaFBC or CMNH should be contacted regarding proper specimen preservation and shipping procedures. In addition, as per the Pennsylvania Scientific Collector Permit conditions for collection of threatened or endangered species, the PaFBC must be notified within 48 hours when Salamander Mussels are collected during the survey.

   9.  A report documenting mussel relocation shall be prepared and submitted to the PaFBC and the Department upon completion of relocation. At a minimum the report shall include the following sections:  introduction, methods, results, conclusion or summary. The methods section shall include all procedures used to collect, process, and relocate the mussels. The results section shall include geo-referenced locations where mussels were found, maps showing these locations, the total number of individuals of each mussel species collected and relocated; date collected; water and air temperatures; river stage; total number of live and dead Salamander Mussels; as well as their condition, size and their condition, size and approximate age. In addition, the report shall include the relocation site coordinates on maps and unique identifiers as well as number and species of mussels within monitoring areas.

   10.  A follow-up inspection of the relocation site shall be overseen by a qualified environmental consultant 1 year after the relocation to ensure that transplanted individuals are in the substrate and are alive. A brief report summarizing findings shall be prepared and submitted to the Department and the PaFBC.

   11.  Finally, the permittee's investigator shall develop and implement a plan to monitor all marked and replaced mussels for at least 3 years after relocation. Reports on monitoring methods and results shall be provided to the PaFBC and the Department annually. Monitoring shall occur when temperature is no less than 55° F.

   E02-919-A9. Tri-State River Products, Inc., P. O. Box 218, Beaver, PA 15009-0218. To amend Special Condition E of Water Obstruction and Encroachment Permit No. E02-919, issued June 2006, which authorizes commercial sand and gravel dredging in select areas of the Allegheny (WWF) and Ohio Rivers (WWF), subject to review of fish surveys, mussel surveys and prescribed setbacks in Allegheny, Armstrong, Beaver and Westmoreland Counties, to include the following sentence at the end of the Special Condition:  

   ''If one or more Salamander Mussel(s) (Simpsonaias ambigua) is found during a mussel survey then a targeted more intensive search shall be conducted in accordance with the ''Pre-Dredging Protocol for Sampling and Relocating Live Salamander Mussels'' attached hereto and incorporated herein as Appendix E.''

APPENDIX ''E''

Predredging Protocol for Sampling and Relocating Live Salamander Mussels July 2009

Purpose

   The three goals of this document are to provide:  1) a qualitative method to survey for live Salamander Mussels by targeting their microhabitats; 2) methods for identifying appropriate refuge habitat (refuge habitat--area protected in perpetuity from sand and gravel dredging operations) for Salamander Mussels and establish a Salamander Mussel relocation and monitoring protocol; and 3) numeric criteria for Salamander Mussels to provide judgment of habitat value for areas proposed for dredging. If such criteria are exceeded, then additional site-specific dredger/agency discussions may occur. If numeric criteria are not triggered, then Salamander Mussels shall be relocated and sand and gravel dredging can proceed.

   This protocol is designed for sampling Salamander Mussels as part of predredging surveys when Salamander Mussels are found during the earlier phases of the mussel survey. This survey protocol shall take effect immediately and be applicable to areas where Salamander Mussels may have already been found.

   In the future, should the Pennsylvania Fish and Boat Commission (PaFBC) adopt amendments to 58 Pa. Code § 75.1 or § 75.2 to add the Salamander Mussel to the Pennsylvania endangered or threatened species list, the Department shall still utilize this survey protocol for permitting decisions for the current permitting cycle, which shall end on or before December 10, 2011, in areas proposed for dredging where the Salamander Mussel may be present.

Criteria that Trigger a Salamander Mussel Survey

Criteria 1.  One or more Salamander Mussels are collected during a Phase I transect survey.

   If at least one live salamander mussel (Simpsonaias ambigua) is collected during a Phase I transect survey conducted, as required by Special Condition E, in accordance with the most recent Department approved Mussel Survey Protocol, the diver shall physically mark the location of the microhabitat using a buoy or other means and geo-reference the Salamander Mussel location. This shall allow the diver to return for a more intensive search. The transect segment where the Salamander Mussel was collected shall be the epicenter of the survey to specifically target this species or adjusted depending upon habitat conditions.

Criteria 2.  One or more Salamander Mussels are collected during a Phase II survey.

   If a Phase I survey triggers the need for a Phase II survey (based on finding species other than the Salamander Mussel), and if at least one live salamander mussel is collected during Phase II, then the same procedures as outlined previously shall be followed.

   The methods described as follows shall be used to search for additional Salamander Mussels.

Survey Procedures

Identifying Survey Area.

   Surveyors shall return to the Phase I transect segment or Phase II area where the Salamander Mussel was collected. A 100 meter by 100 meter (10,000 square meter) area (cell) of river bottom shall be marked with buoys or another method so that divers can search within the area for microhabitats where Salamander Mussels and Mudpuppies are likely to be found (flat rocks, submerged logs, debris, bank overhangs, and the like).

   If more than one Phase I or II location triggered a Salamander Mussel survey, then multiple overlapping 100 meter by 100 meter cells shall be delineated. If the search area exceeds 30 feet in depth or is restricted by bank, the survey area shall be adjusted to only include areas less than 30 feet deep or additional areas upstream or downstream. This shall be done to accommodate a total cell area surveyed of 10,000 square meters.

Targeted Surveys Within Cell.

   After the cell area is delineated, one or more divers shall systematically search the entire cell area for Salamander Mussel microhabitat features such as large flat rocks, ledges, submerged logs or other objects where Mudpuppies may be found. When appropriate habitat features are encountered, the diver shall carefully lift the object and search (visually and by feel) for mussels in the top few centimeters of sediment. The size of the object to be moved shall be determined by the diver at that time, based on site conditions and personnel safety.

   All live mussels and mussel shells collected within the specified microhabitat shall be carefully placed in a mesh dive bag, brought to the boat and total length of live specimens recorded. All mussels collected shall be identified by a qualified environmental consultant. Divers shall search for and separately bag all live mussels and shells from under specific microhabitat features in the pre-measured area. All mussels shall be identified, counted and total shell length measured. Mussel occurrences shall be related to specific microhabitat features where they were collected.

Assigning an Importance Value to an Area Containing Salamander Mussels.

1.  Six or More Salamander Mussels

   If a combined total of six or more Salamander Mussels are found in all surveys conducted at a transect (Salamander Mussel survey, either a Phase I or Phases I and II), then dredging shall be prohibited at this location unless one or more of the Permittees request reconsideration. If any of the Permittees request reconsideration, the Department, in consultation with the PaFBC, shall render the final determination. Site-specific discussions between the PaFBC, the Department and the Permittees may take place. The purpose of these discussions would be to evaluate the protective buffers while ensuring no adverse impacts to Salamander Mussel population. Depending on the site-specific conditions, such as where the microhabitat was found with respect to the proposed dredging activities, the Department may consider adjusting the buffer areas (upstream, downstream and/or laterally) or other conditions that may allow dredging near these areas. The Permittee must provide the information to demonstrate that no adverse impacts to the Salamander Mussel population occur as the result of a variance.

2.  Five or Less Salamander Mussels

   If a combined total of five or fewer Salamander Mussels are found in all surveys conducted at a transect (Salamander Mussel survey, either Phase I or Phases I and II), then all collected salamander mussels shall be relocated in accordance with the protocol as follows and the area shall be deemed suitable for dredging.

Salamander Mussel Relocation Protocol

   The Salamander Mussels collected in these surveys shall be relocated to suitable refuge habitat near Murphy's Island, immediately upstream or downstream of the island or other agreed upon refuge areas. The exact sites for the relocation shall be approved by the Department, in consultation with the PaFBC. Procedures described in this section shall be used to relocate Salamander Mussels.

Determining Relocation Site

   In the event that live Salamander Mussels are collected, investigators shall examine the relocation site prior to relocation. At the relocation site the diver shall locate an appropriate microhabitat such as a large flat rock. The object shall be lifted and/or inspected to determine if the substrate is suitable. If resident Salamander Mussels are already present under the object, a second site may be chosen. Once suitable microhabitats have been identified, they shall be marked with buoys or another method so that the location can be found later.

   Relocation sites shall be considered Salamander Mussel refuge areas and protected in perpetuity from sand and gravel dredging operations.

Conducting the Relocation

   1.  Salamander Mussels shall be collected and relocated when water temperature is no less than 55° F and water clarity is good.

   2.  Only persons who are thoroughly briefed on all techniques and overseen by a qualified environmental consultant may perform mussel surveys and relocations.

   3.  All mussels collected by targeted sampling (common mussels as well as Salamander Mussels) shall be identified, counted, total shell length measured with calipers, and sexed if possible. Live Salamander Mussels of sufficient size shall be marked with glue-on numbered shellfish tags. If any Salamander Mussels are not tagged, the numbers of mussels not tagged, their lengths and reason for not tagging shall be recorded.

   4.  While awaiting processing, mussels shall be held in mesh bags and suspended in river water to maximize survival and minimize stress.

   5.  Salamander Mussels collected during the pre-dredging survey shall be relocated to suitable microhabitat that was previously described. Such suitable microhabitat shall include:  a) appropriately-sized shelter rocks; b) stable sand/gravel or sand/gravel/cobble substrate below ordinary low water elevation; and c) sites with similar mussel species richness, including other live Salamander Mussels. In addition, the relocation site should not be subjected to point-source or non-point source discharges or in areas likely to be dredged or disturbed in the future.

   6.  This relocation is being conducted to:  a) increase opportunity for Salamander Mussel survival; b) facilitate monitoring of all elocated mussels; and c) provide information regarding mussel relocation methods.

   7.  A mussel surveyor shall individually place Salamander Mussels in the substrate with siphons exposed. Every effort shall be made to reduce the likelihood that mussels will be dislodged during high flow. It may be necessary to make a small excavation in the substrate for the mussels.

   8.  Any dead Salamander Mussels (either fresh dead when collected or killed as a result of this process) shall be preserved according to standard museum practices. Associated data to be recorded shall include date of collection, complete scientific and common name, latitude and longitude of collection site, and description of habitat at the collection site. These data, plus the specimens, shall then be submitted to the PaFBC or to the Carnegie Museum of Natural History (CMNH). The appropriate person at the PaFBC or CMNH should be contacted regarding proper specimen preservation and shipping procedures. In addition, as per the Pennsylvania Scientific Collector Permit conditions for collection of threatened or endangered species, the PaFBC must be notified within 48 hours when Salamander Mussels are collected during the survey.

   9.  A report documenting mussel relocation shall be prepared and submitted to the PaFBC and the Department upon completion of relocation. At a minimum the report shall include the following sections:  introduction, methods, results, conclusion or summary. The methods section shall include all procedures used to collect, process, and relocate the mussels. The results section shall include geo-referenced locations where mussels were found, maps showing these locations, the total number of individuals of each mussel species collected and relocated; date collected; water and air temperatures; river stage; total number of live and dead Salamander Mussels; as well as their condition, size and approximate age. In addition, the report shall include the relocation site coordinates on maps and unique identifiers as well as number and species of mussels within monitoring areas.

   10.  A follow-up inspection of the relocation site shall be overseen by a qualified environmental consultant 1 year after the relocation to ensure that transplanted individuals are in the substrate and are alive. A brief report summarizing findings shall be prepared and submitted to the Department and the PaFBC.

   11.  Finally, the permittee's investigator shall develop and implement a plan to monitor all marked and replaced mussels for at least 3 years after relocation. Reports on monitoring methods and results shall be provided to the PaFBC and the Department annually. Monitoring shall occur when temperature is no less than 55° F.

   E02-1326-A9. Glacial Sand and Gravel Co., P. O. Box 1022, Kittanning, PA 16201. To amend Permit E02-584, issued in June 2006, which authorizes commercial sand and gravel dredging in select areas of the Allegheny (WWF) and Ohio Rivers (WWF), subject to review of fish surveys, mussel surveys and prescribed setbacks in Allegheny, Armstrong, Beaver and Westmoreland Counties, to include the following sentence at the end of the Special Condition:  

   ''If one or more Salamander Mussel(s) (Simpsonaias ambigua) is found during a mussel survey then a targeted more intensive search shall be conducted in accordance with the ''Pre-Dredging Protocol for Sampling and Relocating Live Salamander Mussels'' attached hereto and incorporated herein as Appendix E.''

APPENDIX ''E''

Predredging Protocol for Sampling and Relocating Live Salamander Mussels July 2009

Purpose

   The three goals of this document are to provide:  1) a qualitative method to survey for live Salamander Mussels by targeting their microhabitats; 2) methods for identifying appropriate refuge habitat (refuge habitat--area protected in perpetuity from sand and gravel dredging operations) for Salamander Mussels and establish a Salamander Mussel relocation and monitoring protocol; and 3) numeric criteria for Salamander Mussels to provide judgment of habitat value for areas proposed for dredging. If such criteria are exceeded, then additional site-specific dredger/agency discussions may occur. If numeric criteria are not triggered, then Salamander Mussels shall be relocated and sand and gravel dredging can proceed.

   This protocol is designed for sampling Salamander Mussels as part of predredging surveys when Salamander Mussels are found during the earlier phases of the mussel survey. This survey protocol shall take effect immediately and be applicable to areas where Salamander Mussels may have already been found.

   In the future, should the Pennsylvania Fish and Boat Commission (''PaFBC'') adopt amendments to 58 Pa. Code §§ 75.1 or 75.2 to add the Salamander Mussel to the Pennsylvania endangered or threatened species list, the Department shall still utilize this survey protocol for permitting decisions for the current permitting cycle, which shall end on or before December 10, 2011, in areas proposed for dredging where the Salamander Mussel may be present.

Criteria that Trigger a Salamander Mussel Survey

Criteria 1.  One or more Salamander Mussels are collected during a Phase I transect survey.

   If at least one live salamander mussel (Simpsonaias ambigua) is collected during a Phase I transect survey conducted, as required by Special Condition E, in accordance with the most recent Department approved Mussel Survey Protocol, the diver shall physically mark the location of the microhabitat using a buoy or other means and geo-reference the Salamander Mussel location. This shall allow the diver to return for a more intensive search. The transect segment where the Salamander Mussel was collected shall be the epicenter of the survey to specifically target this species or adjusted depending upon habitat conditions.

Criteria 2.  One or more Salamander Mussels are collected during a Phase II survey.

   If a Phase I survey triggers the need for a Phase II survey (based on finding species other than the Salamander Mussel), and if at least one live salamander mussel is collected during Phase II, then the same procedures as outlined previously shall be followed.

   The methods described as follows shall be used to search for additional Salamander Mussels.

Survey Procedures

Identifying Survey Area.

   Surveyors shall return to the Phase I transect segment or Phase II area where the Salamander Mussel was collected. A 100 meter by 100 meter (10,000 square meter) area (cell) of river bottom shall be marked with buoys or another method so that divers can search within the area for microhabitats where Salamander Mussels and Mudpuppies are likely to be found (flat rocks, submerged logs, debris, bank overhangs, and the like).

   If more than one Phase I or II location triggered a Salamander Mussel survey, then multiple overlapping 100 meter by 100 meter cells shall be delineated. If the search area exceeds 30 feet in depth or is restricted by bank, the survey area shall be adjusted to only include areas less than 30 feet deep or additional areas upstream or downstream. This shall be done to accommodate a total cell area surveyed of 10,000 square meters.

Targeted Surveys Within Cell.

   After the cell area is delineated, one or more divers shall systematically search the entire cell area for Salamander Mussel microhabitat features such as large flat rocks, ledges, submerged logs or other objects where Mudpuppies may be found. When appropriate habitat features are encountered, the diver shall carefully lift the object and search (visually and by feel) for mussels in the top few centimeters of sediment. The size of the object to be moved shall be determined by the diver at that time, based on site conditions and personnel safety.

   All live mussels and mussel shells collected within the specified microhabitat shall be carefully placed in a mesh dive bag, brought to the boat and total length of live specimens recorded. All mussels collected shall be identified by a qualified environmental consultant. Divers shall search for and separately bag all live mussels and shells from under specific microhabitat features in the pre-measured area. All mussels shall be identified, counted and total shell length measured. Mussel occurrences shall be related to specific microhabitat features where they were collected.

Assigning an Importance Value to an Area Containing Salamander Mussels.

1.  Six or More Salamander Mussels

   If a combined total of six or more Salamander Mussels are found in all surveys conducted at a transect (Salamander Mussel survey, either a Phase I or Phases I and II), then dredging shall be prohibited at this location unless one or more of the Permittees request reconsideration. If any of the Permittees request reconsideration, the Department, in consultation with the PaFBC, shall render the final determination. Site-specific discussions between the PaFBC, the Department and the Permittees may take place. The purpose of these discussions would be to evaluate the protective buffers while ensuring no adverse impacts to Salamander Mussel population. Depending on the site-specific conditions, such as where the microhabitat was found with respect to the proposed dredging activities, the Department may consider adjusting the buffer areas (upstream, downstream and/or laterally) or other conditions that may allow dredging near these areas. The Permittee must provide the information to demonstrate that no adverse impacts to the Salamander Mussel population occur as the result of a variance.

2.  Five or Less Salamander Mussels

   If a combined total of five or fewer Salamander Mussels are found in all surveys conducted at a transect (Salamander Mussel survey, either Phase I or Phases I and II), then all collected salamander mussels shall be relocated in accordance with the protocol as follows and the area shall be deemed suitable for dredging.

Salamander Mussel Relocation Protocol

   The Salamander Mussels collected in these surveys shall be relocated to suitable refuge habitat near Murphy's Island, immediately upstream or downstream of the island or other agreed upon refuge areas. The exact sites for the relocation shall be approved by the Department, in consultation with the PaFBC. Procedures described in this section shall be used to relocate Salamander Mussels.

Determining Relocation Site

   In the event that live Salamander Mussels are collected, investigators shall examine the relocation site prior to relocation. At the relocation site the diver shall locate an appropriate microhabitat such as a large flat rock. The object shall be lifted and/or inspected to determine if the substrate is suitable. If resident Salamander Mussels are already present under the object, a second site may be chosen. Once suitable microhabitats have been identified, they shall be marked with buoys or another method so that the location can be found later.

   Relocation sites shall be considered Salamander Mussel refuge areas and protected in perpetuity from sand and gravel dredging operations.

Conducting the Relocation

   1.  Salamander Mussels shall be collected and relocated when water temperature is no less than 55° F and water clarity is good.

   2.  Only persons who are thoroughly briefed on all techniques and overseen by a qualified environmental consultant may perform mussel surveys and relocations.

   3.  All mussels collected by targeted sampling (common mussels as well as Salamander Mussels) shall be identified, counted, total shell length measured with calipers, and sexed if possible. Live Salamander Mussels of sufficient size shall be marked with glue-on numbered shellfish tags. If any Salamander Mussels are not tagged, the numbers of mussels not tagged, their lengths, and reason for not tagging shall be recorded.

   4.  While awaiting processing, mussels shall be held in mesh bags and suspended in river water to maximize survival and minimize stress.

   5.  Salamander Mussels collected during the pre-dredging survey shall be relocated to suitable microhabitat that was previously described. Such suitable microhabitat shall include:  a) appropriately-sized shelter rocks; b) stable sand/gravel or sand/gravel/cobble substrate below ordinary low water elevation; and c) sites with similar mussel species richness, including other live Salamander Mussels. In addition, the relocation site should not be subjected to point-source or non-point source discharges or in areas likely to be dredged or disturbed in the future.

   6.  This relocation is being conducted to:  a) increase opportunity for Salamander Mussel survival; b) facilitate monitoring of all relocated mussels; and c) provide information regarding mussel relocation methods.

   7.  A mussel surveyor shall individually place Salamander Mussels in the substrate with siphons exposed. Every effort shall be made to reduce the likelihood that mussels will be dislodged during high flow. It may be necessary to make a small excavation in the substrate for the mussels.

   8.  Any dead Salamander Mussels (either fresh dead when collected or killed as a result of this process) shall be preserved according to standard museum practices. Associated data to be recorded shall include date of collection, complete scientific and common name, latitude and longitude of collection site, and description of habitat at the collection site. These data, plus the specimens, shall then be submitted to the PaFBC or to the Carnegie Museum of Natural History (CMNH). The appropriate person at the PaFBC or CMNH should be contacted regarding proper specimen preservation and shipping procedures. In addition, as per the Pennsylvania Scientific Collector Permit conditions for collection of threatened or endangered species, the PaFBC must be notified within 48 hours when Salamander Mussels are collected during the survey.

   9.  A report documenting mussel relocation shall be prepared and submitted to the PaFBC and the Department upon completion of relocation. At a minimum the report shall include the following sections:  introduction, methods, results, conclusion or summary. The methods section shall include all procedures used to collect, process, and relocate the mussels. The results section shall include geo-referenced locations where mussels were found, maps showing these locations, the total number of individuals of each mussel species collected and relocated; date collected; water and air temperatures; river stage; total number of live and dead Salamander Mussels; as well as their condition, size and their condition, size and approximate age. In addition, the report shall include the relocation site coordinates on maps and unique identifiers as well as number and species of mussels within monitoring areas.

   10.  A follow-up inspection of the relocation site shall be overseen by a qualified environmental consultant 1 year after the relocation to ensure that transplanted individuals are in the substrate and are alive. A brief report summarizing findings shall be prepared and submitted to the Department and the PaFBC.

   11.  Finally, the permittee's investigator shall develop and implement a plan to monitor all marked and replaced mussels for at least 3 years after relocation. Reports on monitoring methods and results shall be provided to the PaFBC and the Department annually. Monitoring shall occur when temperature is no less than 55° F.

   E3074717-A1. Cumberland Coal Resources, P. O. Box 1020, Waynesburg, PA 15370. To construct riverbank stabilization in Monongahela Township, Greene County, United States Army Corps of Engineers, Pittsburgh District (Masontown, PA Quadrangle N:  14.25 inches; W:  6.75 inches, Latitude:  39° 49` 42"; Longitude:  79° 55` 23") to amend Permit E3074717 which authorized the operation and maintenance of an existing barge dock facility approximately 3,000 feet long located along the west bank side of the Monongahela River (WWF) to include the construction and maintenance of 480-foot long river bank stabilization project along west bank of the Monongahela River (WWF); to operate and maintain two icebreakers numbers 20 and 21 and to remove the outlet pipe from the existing sediment pond and to construct and maintain a 24-inch HDPE dual wall outfall. The stabilization includes coarse aggregate and R-6 rip rap. The project is located at the Cumberland Harbor Facilities downstream of Grays Landing locks and dam in Monongahela Township, Greene County (Masontown, PA Quadrangle N:  14.25 inches; W:  6.75 inches, Latitude:  39° 49` 42"; Longitude:  79° 55` 23").

   E02-1574. Newbury Development Associates, LP, 2212 Liberty Avenue, Pittsburgh, PA 15222. To construct a new bridge and fill wetlands in South Fayette Township, Allegheny County, United States Army Corps of Engineers, Pittsburgh District (Canonsburg, PA Quadrangle N:  21.0 inches; W:  17.5 inches, Latitude:  40° 21` 45"; Longitude:  80° 07`18"). To remove the existing 84 Lumber access road/pedestrian bridge and to construct and maintain a new bridge having a span of 90.0 feet with a minimum underclearance of 10.5 feet across Millers Run (WWF), to widen and maintain the existing bridge (Access Road 3) having a span of 77.0 feet with a minimum underclearance of 5.9 feet across Millers Run, to construct and maintain a new bridge (Access Road 4) having a span of 82.0 feet with a minimum underclearance of 14.3 feet across Millers Run, to remove the existing flood control levee and restore the stream bank of Millers Run, to remove an existing culvert underneath Presto-Sygan Road in a UNT to Chartiers Creek (UNT-1, WWF) and to construct and maintain in its place an 81 feet long by 30 inch diameter reinforced concrete pipe, to dredge an additional 833 feet of UNT-1, to place and maintain fill in approximately 1,641 linear feet of UNTs to Chartiers Creek and Millers Run (UNT-1, UNT-3, UNT-8 and UNT-9) and 0.88 acres of open water and 1.36 acres of wetlands, and to construct and maintain multiple outfall structures along Millers Run, Chartiers Creek (WWF) and UNT-8 that will cumulatively impact 405.25 feet of watercourse and/or floodway, for the purpose of constructing the proposed Newbury Market Town Center and Newbury Ridge residential development. Some of the proposed fill is associated with the widening of Presto-Sygan Road (SR 3028). The project is located on the west side of SR 79, approximately 8,000.0 feet northwest from the intersection of SR 50 and SR 79 To compensate for these environmental impacts, the permittee will reconstruct and relocate 1,629 feet of watercourse (UNT-3 AND UNT-8), construct 0.13 acre of open water habitat, and create 1.78 acres of wetland.

   Northwest Region:  Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335.

   E16-138, Department of Transportation, District 10-0, SR 1009, Section 350, in Clarion Township, Clarion County, United States Army Corps of Engineers, Pittsburgh District (Strattanville, PA Quadrangle N:  41° 10` 40"; W:  79° 22` 00").

   To remove the existing structure and to construct and maintain a prestressed concrete beam bridge having a clear span of 87.6 feet and an underclearance of 14.75 feet on a 65° skew across Brush Run and impacting a deminimus amount of adjoining wetland (less than 0.01 temporary and permanent) on SR 1009, Section 350, Segment 0040, Offset 0065 approximately 50 feet upstream of the existing bridge south of I-80 approximately 1 mile west of the Greenville Pike interchange.

   E25-709. Bureau of Engineering and Development, Fish and Boat Commission, 450 Robinson Lane, Bellefonte, PA 16823-9620. Corry State Fish Hatchery Waterline, in Wayne and Concord Townships, Erie County, United States Army Corps of Engineers, Pittsburgh District (Corry, PA Quadrangle N:  8.8 inches; W:  10.6 inches).

   To construct and maintain approximately 7,744 feet of 0.75-foot-diameter and 1.0-foot-diameter waterline to provide well water as a clean source of process water for fish rearing at the Corry Fish Culture Station involving the following stream and open trench wetland crossings in Wayne and Concord Townships, Erie County (Corry, PA Quadrangle):  1) South Branch French Creek (N 41° 55` 12.37", W 79° 40` 35.35"); 2) tributary South Branch French Creek (N 41° 55` 31.51"; W 79° 40` 47.83"); 3) tributary South Branch French Creek (N 41° 55` 41.33", W 79° 40` 42.48"); 4) wetland crossing 1 (PSS) having a length of 34 feet; 5) wetland crossing 2 (PSS) having a length of 2,710 feet; 6) wetland crossing 3 (PEM) having a length of 75 feet; and 7) wetland crossing 4 (PEM) having a length of 90 feet.

   E27-082, Pennsylvania General Energy Company, LLC, 120 Market Street, Warren, PA 16365. Kingsley Township Pipeline Crossings, in Kingsley Township, Forest County, United States Army Corps of Engineers, Pittsburgh District (Mayburg, PA and Kelletville, PA Quadrangles).

   The applicant has already constructed this project and has submitted an application as a result of a compliance issue to construct and maintain a 17,300-foot long natural gas pipeline involving three stream crossings by means of boring:  1) Salmon Creek N:  79° 14` 2.477"; W:  41° 31` 2.851"; 2) Two Mile Run Creek N:  79° 13` 49.836"; W:  41° 31` 3.08"; and 3) Fourmile Run Creek N:  79° 13` 9.765"; W:  41° 30` 41.597". Fourmile Run is a perennial stream classified as a Exceptional Value. Salmon Creek and Twomile Run are perennial streams classified as HQ-CWF.

ENVIRONMENTAL ASSESSMENTS

   Central Office:  Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.

   D65-205EA, D65-206EA, D65-207EA, D65-208EA, D65-209EA, D65-210EA, D65-211EA, D65-212EA, D65-213EA. Rolling Rock Club Fishing Lodge, 439 Hatchery Lane, Laughlintown, PA 15655-0439. Ligonier Township, Westmoreland County. Project proposes to breach and remove nine low head dams in an approximately 2 mile section of Rolling Rock Creek (HQ-CWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The project will restore approximately 900 linear feet of stream channel. The dams are located approximately 4 miles south of the intersection of US 30 and SR 381 (Rector Road).

Dam Number Latitude Longitude
D65-205 40° 10` 20" -79° 11` 41"
D65-206 40° 10` 34" -79° 11` 53"
D65-207 40° 10` 39" -79° 12` 10"
D65-208 40° 10` 45" -79° 12` 13"
D65-209 40° 10` 45" -79° 12` 13"
D65-210 40° 11` 20" -79° 12` 25"
D65-211 40° 11` 30" -79° 12` 35"
D65-212 40° 11` 42" -79° 12` 36"
D65-213 40° 11` 43" -79° 12` 36"

EROSION AND SEDIMENT CONTROL

   The following Erosion and Sediment Control Permits have been issued.

   Any person aggrieved by these actions may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.

   If individuals want to challenge this action, their appeal must reach the Board within 30 days. Individuals do not need a lawyer 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. If individuals cannot afford a lawyer, individuals may qualify for pro bono representation. Call the Secretary to the Board (717) 787-3483 for more information.

   Southwest Region:  Oil and Gas Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

7/31/09
ESCGP-1 No.:  ESX09-059-0028
Applicant Name:  Coal Gas Recovery, LLC
Contact Person: Joanne Reilly
Address:  158 Portal Road
City:  Waynesburg State:  PA Zip Code:  15370
County:  Greene Township(s):  Center
Receiving Stream(s) and Classifications:  Pursley Creek, HQ

7/31/09
ESCGP-1 No.:  ESX09-007-0001
Applicant Name:  Range Resources--Appalachia, LLC
Contact Person:  Carla Suszkowski
Address:  380 Southpointe Boulevard, Suite 300
City:  Canonsburg State:  PA Zip Code:  15317
County:  Beaver Township(s):  Marion
Receiving Stream(s) and Classifications:  UNT to Connoquenessing Creek, Other

08/03/09
ESCGP-1 No.:  ESX09-125-0023
Applicant Name:  Range Resources--Appalachia, LLC
Contact Person:  Carla Suszkowski
Address:  380 Southpointe Boulevard, Suite 300
City:  Canonsburg State:  PA Zip Code:  15317
County:  Washington Township(s):  Hopewell
Receiving Stream(s) and Classifications:  UNT to Brush Run, HQ

08/05/09
ESCGP-1 No.:  ESX09-059-0030
Applicant Name:  Atlas Resources, LLC
Contact Person:  Jeremy Hirtz
Address:  800 Mountain View Drive
City:  Smithfield State:  PA Zip Code:  15478
County:  Greene Township(s):  Dunkard
Receiving Stream(s) and Classifications:  Crooked Run, Other

08/05/09
ESCGP-1 No.:  ESX09-051-0024
Applicant Name:  Atlas Resources, LLC
Contact Person:  Jeremy Hirtz
Address:  800 Mountain View Drive
City:  Smithfield State:  PA Zip Code:  15478
County:  Fayette Township(s):  Lower Tyrone
Receiving Stream(s) and Classifications: UNT to Smiley Run, Other

08/05/09
ESCGP-1 No.:  ESX09-051-0023
Applicant Name:  Atlas Resources, LLC
Contact Person:  Jeremy Hirtz
Address:  800 Mountain View Drive
City:  Smithfield State:  PA Zip Code:  15478
County:  Fayette Township(s):  Nicholson
Receiving Stream(s) and Classifications:  UNT to Cats Run, Other

08/05/09
ESCGP-1 No.:  ESX09-051-0025
Applicant Name:  Atlas Resources, LLC
Contact Person:  Jeremy Hirtz
Address:  800 Mountain View Drive
City:  Smithfield State:  PA Zip Code:  15478
County:  Fayette Township(s):  Springhill
Receiving Stream(s) and Classifications:  UNT to Grassy Run, Other

08/05/09
ESCGP-1 No.:  ESX09-059-0029
Applicant Name:  Atlas Resources, LLC
Contact Person:  Jeremy Hirtz
Address:  800 Mountain View Drive
City:  Smithfield State:  PA Zip Code:  15478
County:  Greene Township(s):  Monongahela
Receiving Stream(s) and Classifications:  Whiteley Creek, Other

08/05/09
ESCGP-1 No.:  ESX09-129-0017
Applicant Name:  Atlas Resources, LLC
Contact Person:  Jeremy Hirtz
Address:  800 Mountain View Drive
City:  Smithfield State:  PA Zip Code:  15478
County:  Westmoreland Township(s):  South Huntingdon
Receiving Stream(s) and Classifications:  Sewickley Creek, Other

08/05/09 ESCGP-1 No.:  ESX09-125-0025
Applicant Name:  MarkWest Liberty Midstream & Resources
Contact Person:  Brian Rayburn
Address:  100 Plaza Drive, Suite 102
City:  Atlasburg State:  PA Zip Code:  15004
County:  Washington Township(s):  Chartiers
Receiving Stream(s) and Classifications:  Chartiers Run (WWF), Other

08/05/09
ESCGP-1 No.:  ESX09-125-0024
Applicant Name:  MarkWest Liberty Midstream & Resources
Contact Person:  Brian Rayburn
Address:  100 Plaza Drive, Suite 102
City:  Atlasburg State:  PA Zip Code:  15004
County:  Washington Township(s):  Amwell
Receiving Stream(s) and Classifications:  UNT to Little Tenmile Creek, Other

08/05/09
ESCGP-1 No.:  ESX09-059-0027
Applicant Name:  Dominion Exploration & Production, Inc.
Contact Person:  Craig Neal
Address:  280 Indian Springs Road, Suite 333
City:  Indiana State:  PA Zip Code:  15701
County:  Greene Township(s):  Aleppo/Jackson/Gilmore
Receiving Stream(s) and Classifications:  Pennsylvania Fork Fish Creek--Blockhouse Run, Other

   Southwest Region:  Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

   Greene County Conservation District: 93 East High Street, Room 215, Waynesburg, PA 15370, (724) 852-5278.

ESCGP-1 No.Application Name &
Address
CountyMunicipalityReceiving Water/Use
OG 30 09 030 Equitrans, LP
Attn:  Hanna E. McCoy
225 North Shore Drive Pittsburgh, PA 15212
Greene Franklin,
Morgan,
Whiteley and
Wayne Townships
Greene County
UNT Whiteley Creek TSF
UNT to Mt. Phoebe Run
TSF
UNT Dyers Fork
TSF
UNT Laurel Run
WWF
UNT South Fork Tenmile Creek
WWF
South Fork Tenmile Creek
WWF
Smith Creek
WWF
UNT Smith Creek
WWF
UNT Dunkard Creek
WWF
South Fork Tenmile Creek
WWF

   Washington County Conservation District:  602 Courthouse Square, Washington, PA 15301, (724) 228-677.

ESCGP-1 No.Application Name &
Address
CountyMunicipalityReceiving Water/Use
0063 09 8 009 Columbia Gas
Transmission, LLC
1700 MacCorkle Avenue, Southeast
Charleston, WV 25314
Washington Franklin Township Greene County Amwell,
Chartiers,
North Beth,
North Strabane, Nottingham,
Peters,
South Strabane, Canonsburg and Houston Boroughs Washington County
UNT Redd Run
TSF
Redd Run
TSF
UNT Little Chartiers Creek
HQ-WWF
UNT Little Tenmile Creek
TSF
UNT Browns Creek HQ-WWF
Browns Creek HQ-WWF
South Fork Tenmile Creek
WWF
UNT South Fork Tenmile Creek
WWF
UNT Peters Creek
TSF


SPECIAL NOTICES

PUBLIC NOTICE

Notice of Public Hearing and Public Meeting
for
NPDES Permit Application No. PA0065269

   The Department of Environmental Protection (Department), Northeast Regional Office (Department) will hold a public hearing to accept comments on NPDES Permit Application No. PA0065269. The application was submitted by North Branch Processing LLC, R. R. 2, Box 68, Mehoopany, PA 18629.

   The NPDES Permit Application is for the discharge to the Susquehanna River of 0.5 million gpd of treated industrial waste described as frac wastewater from natural gas well drilling. The proposed point of discharge is in Eaton Township, Wyoming County, approximately 1 mile downstream of the SR 29 bridge. A draft permit has been developed for the NPDES application and is concurrently being published in the Pennsylvania Bulletin for a 30-day public comment period.

   The public hearing will be conducted on October 6, 2009, at 7 p.m. in the auditorium of the Tunkhannock Middle School, 200 Franklin Avenue, Tunkhannock, PA.

   Immediately prior to the public hearing, at 5 p.m., also in the auditorium of the Tunkhannock Middle School, the Department will hold a public meeting regarding the permit application. Brief presentations will be followed by a question and answer session.

   The Department requests that individuals wishing to testify at the public hearing submit a written notice of intent to Mark Carmon, Community Relations Coordinator, Attn:  North Branch Processing Public Hearing, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790. The Department will accept notices up to the day of the hearing.

   The written notice should include the person's name, address, telephone number and a brief statement as to the nature (oral or written) of the presentation. The Department requests that individuals limit their testimony to 10 minutes so that all individuals have the opportunity to testify. Written copies of oral testimony are requested. Relinquishing of time to others will not be allowed. Individuals attending the hearing will have the opportunity to testify if they so desire; however, individuals who preregister to testify will be given priority on the agenda. Persons unable to attend the hearing may submit written statement/comments to the Department on or before October 16, 2009.

   Persons with a disability who wish to testify and require an auxiliary aid, service or other accommodation should contact the Department's Northeast Regional Office Business Manager, (570) 826-2511 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department can meet their needs.

   The permit application and the NPDES draft permit are available for review at the Department's Northeast Regional Office in Wilkes-Barre. Contact the Records Management Section at (570) 826-2511 to schedule an appointment to review the application. The permit application and the NPDES draft permit will also be available for review at the Tunkhannock Public Library, 220 West Tioga Street, Tunkhannock, PA. The library hours are Monday--Friday 10 a.m. to 9 p.m. and Saturday 10 a.m. to 2 p.m.

   For further information, contact Mark Carmon, Northeast Regional Office, (570) 826-2511.

PUBLIC NOTICE

Notice of Public Hearing and Public Meeting
for
NPDES Permit Application No. PA0065293

   The Department of Environmental Protection, Northeast Regional Office (Department) will hold a public hearing to accept comments on NPDES Permit Application No. PA0065293. The application was submitted by Wyoming Somerset Regional Water Resources Corporation, 4 SR 1001, Tunkhannock, PA 18657.

   The NPDES Permit Application is for the discharge to Meshoppen Creek of 0.38 million gpd of treated industrial waste described as frac wastewater from natural gas well drilling. The proposed point of discharge is at the SR 29 bridge in Lemon Township, Wyoming County. A draft permit has been developed for the NPDES application and is concurrently being published in the Pennsylvania Bulletin for a 30-day public comment period.

   The public hearing will be conducted on October 20, 2009, at 7 p.m. in the auditorium of the Tunkhannock Middle School, 200 Franklin Avenue, Tunkhannock, PA.

   Immediately prior to the public hearing, at 5 p.m., also in the auditorium of the Tunkhannock Middle School, the Department will hold a public meeting regarding the permit application. Brief presentations will be followed by a question and answer session.

   The Department requests that individuals wishing to testify at the public hearing submit a written notice of intent to Mark Carmon, Community Relations Coordinator, Attn:  Wyoming Somerset Public Hearing, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790. The Department will accept notices up to the day of the hearing.

   The written notice should include the person's name, address, telephone number and a brief statement as to the nature (oral or written) of his or her presentation. The Department requests that individuals limit their testimony to 10 minutes so that all individuals have the opportunity to testify. Written copies of oral testimony are requested. Relinquishing of time to others will not be allowed. Individuals attending the hearing will have the opportunity to testify if they so desire; however, individuals who pre-register to testify will be given priority on the agenda. Persons unable to attend the hearing may submit written statement/comments to the Department on or before October 30, 2009.

   Persons with a disability who wish to testify and require an auxiliary aid, service or other accommodation should contact the Department's Northeast Regional Office Business Manager, (570) 826-2511 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department can meet their needs.

   The permit application and the NPDES draft permit are available for review at the Department's Northeast Regional Office in Wilkes-Barre. Contact the Records Management Section at (570) 826-2511 to schedule an appointment to review the application. The permit application and the NPDES draft permit will also be available for review at the Tunkhannock Public Library, 220 West Tioga Street, Tunkhannock, PA. The library hours are Monday--Friday. 10 am to 9 pm and Saturday 10 am to 2 pm.

   For further information, contact Mark Carmon, Northeast Regional Office, (570) 826-2511.

[Pa.B. Doc. No. 09-1564. Filed for public inspection August 21, 2009, 9:00 a.m.]



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