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PA Bulletin, Doc. No. 15-2279b

[45 Pa.B. 7299]
[Saturday, December 26, 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

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

30841317 and NPDES No. PA0213517. Consol Pennsylvania Coal Company LLC, (1000 CONSOL Energy Drive, Canonsburg, PA 15317). To revise the permit for the Enlow Fork Mine in Richhill Township, Greene County, South Franklin Township, Washington County and related NPDES Permit. To add surface acres for construction of the E29 Bleeder Site. Surface Acres Proposed 22.6. No additional discharges. The application was considered administratively complete on May 13, 2015. Application received February 24, 2015. Permit issued December 8, 2015.

30841316 and NPDES No. PA0213535. Consol Pennsylvania Coal Company LLC, (1000 CONSOL Energy Drive, Canonsburg, PA 15317). To revise the permit for the Bailey Mine & Prep Plant in Richhill Township, Greene County and related NPDES permit for installation of airshaft and Outfall 34. Surface Acres Proposed 7.0. Receiving Stream: Unnamed Tributary to North Fork Dunkard Fork, classified for the following use: TSF. The application was considered administratively complete on May 29, 2015. Application received February 27, 2015. Permit issued October 28, 2015. NPDES Permit Issued December 9, 2015.

30121301 and NPDES No. PA0236195. Consol Pennsylvania Coal Company LLC, (1000 CONSOL Energy Drive, Canonsburg, PA 15317). To revise the permit for the Harvey Mine in Morris Township, Washington County and related NPDES permit to install three degasification boreholes. Surface Acres Proposed 22.7. No additional discharges. The application was considered administratively complete on March 30, 2015. Application received January 23, 2015. Permit issued December 9, 2015.

Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191

33-14-20 and NPDES Permit No. PA0259608. P. and N. Coal Co., Inc. (P. O. Box 332, Punxsutawney, PA 15767) Proposal to enter into a Government Financed Construction Contract and associated NPDES permit on a 35.0 acre site in Winslow Township, Jefferson County. This proposal includes 19.7 acres of incidental removal and the reclamation of 35.0 acres of abandoned deep mine and subsidence areas. Receiving streams: Fehley Run. Application received: April 24, 2015. Contract Issued: November 30, 2015.

Noncoal Permits Issued

Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191

37150301 and NPDES Permit No. PA0259616. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201), Commencement, operation and restoration of a large industrial minerals mine in Slippery Rock Township, Lawrence County, affecting 71.4 acres. Receiving streams: Unnamed tributary to Slippery Rock Creek. Application received: June 26, 2015. Permit Issued: December 8, 2015.

1270-37150301-E-1. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201), Stream encroachment to conduct mining activities within 100 feet of unnamed tributary ''B'' to Slippery Rock Creek in Slippery Rock Township, Lawrence County. Receiving streams: Unnamed tributary to Slippery Rock Creek. In conjunction with the approval, the Department is granting 401 Water Quality Certification certifying that the approved activities will comply with the applicable provisions of Sections 301—303, 306 and 307 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341) and will not violate applicable Federal and State water quality standards. Application received: June 26, 2015. Permit Issued: December 8, 2015.

37150301. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201), Wetlands encroachment to allow for direct impacts to 2.39 acres of wetlands connected to unnamed tributary ''B'' to Slippery Rock Creek. As replacement for the wetlands, 3.33 acres of wetlands will be developed according to the Module 14.4 mitigation plan in Slippery Rock Township, Lawrence County. Receiving streams: Unnamed tributary to Slippery Rock Creek. In conjunction with the approval, the Department is granting 401 Water Quality Certification certifying that the approved activities will comply with the applicable provisions of Sections 301—303, 306 and 307 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341) and will not violate applicable Federal and State water quality standards. Application received: June 26, 2015. Permit Issued: December 8, 2015.

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

Permit No. 6575SM2A2C4 and NPDES Permit No. PA 0224936. Eureka Stone Quarry, Inc. (P. O. Box 249, Chalfont, PA 18914-0249), commencement operation and restoration of a quarry operation and NPDES permit for discharge of treated mine drainage in Hamilton Township, Monroe County affecting 118.6 acres, receiving stream: Unnamed Tributary to McMichael Creek. Application received: March 8, 2011. Permit issued: December 10, 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

Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900

32154001 Senex Explosives, Inc., 710 Millers Run Road, Cuddy, PA 15031, Blasting Activity Permit issued for landfill expansion in Center Township, Indiana County. Blasting activity permit end date is December 31, 2016. Permit issued December 9, 2015.

New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500

02154003. KESCO, Inc. (215 South Main Street, Zelienople, PA 16063). Blasting activity permit for the implosion of the Greenfield Bridge, located in the City of Pittsburgh, Allegheny County with an exploration date of March 31, 2016. Blasting permit issued: December 7, 2015.

30154004. Mountaineer Drilling and Blasting (3969 Shinnston Pike, Clarksburg, WV 26301). Blasting activity permit to conduct seismic activity for the Vantage Energy Well Site Job 9044.04, located in Center Township, Greene County with an exploration date of April 1, 2016. Blasting permit issued: December 9, 2015.

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

Permit No. 22154106. Abel Construction Co., Inc., (3925 Columbia Avenue, Mountville, PA 17554-1805), construction blasting for The Point in Derry Township, Dauphin County with an expiration date of December 7, 2016. Permit issued: December 9, 2015.

Permit No. 40154113. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036-2100), construction blasting for Moxie Freedom Generation Plant in Salem Township, Luzerne County with an expiration date of November 1, 2016. Permit issued: December 9, 2015.

Permit No. 58154130. John H. Brainard, (3978 State Route 2073, Kingsley, PA 18826-7039), construction blasting for Andrew Chichura Spring in Lenox Township, Susquehanna County with an expiration date of January 31, 2016. Permit issued: December 9, 2015.

MINING ACTIVITY NPDES DRAFT PERMITS

 This notice provides information about applications for a new, amended or renewed NPDES permits associated with mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).

 The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative determination to issue the NPDES permit in conjunction with the associated mining activity permit.

Effluent Limits for Coal Mining Activities

 For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).

 The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as follows:

30-Day Daily Instantaneous
Parameter Average Maximum Maximum
Iron (Total) 3.0 mg/l 6.0 mg/l 7.0 mg/l
Manganese (Total) 2.0 mg/l 4.0 mg/l 5.0 mg/l
Suspended solids 35 mg/l 70 mg/l 90 mg/l
pH* greater than 6.0; less than 9.0
Alkalinity greater than acidity*
* The parameter is applicable at all times.

 In addition, the Department imposes a technology-based aluminum limit of 2.0 mg/l (30 day average) to protect stream uses.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applies to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

 Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

Effluent Limits for Noncoal Mining Activities

 The BAT limits for noncoal mining activities as provided in 40 CFR Part 436 and 25 Pa. Code Chapter 77 are as follows:

30-day Daily Instantaneous
Parameter Average Maximum Maximum
Suspended solids 35 mg/l 70 mg/l 90 mg/l
Alkalinity exceeding acidity*
pH* greater than 6.0; less than 9.0
* The parameter is applicable at all times.

 Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description specifies the parameters.

 In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated pollutants from being discharged into surface waters in this Commonwealth.

 More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may occur are incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).

 The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 362-0600-001, NPDES Program Implementation—Memorandum of Understanding (MOU) Concerning Water Quality Management, NPDES Program Implementation, and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.

 Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges associated with underground mining are noted in the permit description.

 Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the address of the district mining office indicated before each draft permit within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.

 The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92a.82(d). The request or petition for a public hearing shall be filed within 30 days of this public notice and contain the name, address, telephone number and the interest of the party filing the request, and state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. When a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.

Coal NPDES Draft Permits

Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900

NPDES No. PA0262889 (Mining Permit No. 32090103), Alverda Enterprises, Inc., P. O. Box 245 Alverda, PA 15710, renewal of an NPDES permit for discharge from stormwater controls on a surface coal mine in Pine Township, Indiana County, affecting 19.3 acres. Receiving stream: Yellow Creek classified for the following use: cold water fishes. This receiving stream is included in the Kiski-Conemaugh TMDL. Application received: November 9, 2015.

 The outfall listed below discharges to Yellow Creek:

Outfall No. New Outfall (Y/N)
001 (Sediment Pond A) N

 The proposed effluent limits for the above listed outfall are as follows:

Outfalls: (All Weather Conditions) 30-Day Daily Instant.
Parameter Average Maximum Maximum
Iron (mg/l) 1.5 3.0 3.7
Manganese (mg/l) 1.0 2.0 2.5
Aluminum (mg/l) 0.75 1.5 1.8
Total Suspended Solids (mg/l) 35.0 70.0 90.0
pH (S.U.): Must be between 6.0 and 9.0 standard units at all times
Alkalinity must exceed acidity at all times

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

 The Department has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).

 Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.

 Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.

 For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

 Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law and Notice of Final Action for Certification under section 401 of the FWPCA.

Permits, Environmental Assessments and 401 Water Quality Certifications Issued:

WATER OBSTRUCTIONS AND ENCROACHMENTS

Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511

E40-770. Pennsylvania Department of Transportation, Engineering District 4-0, 55 Keystone Industrial Park, Dunmore, PA 18512. Hunlock Township, Luzerne County, Army Corps of Engineers Baltimore District.

 To remove the existing structure; and to construct and maintain a 50-foot wide road crossing of a tributary to Roaring Brook (CWF, MF) consisting of an aluminum open bottom arch culvert with a normal clear span of 15.5 feet and an underclearance of 6.92 feet. The project is located along S.R. 4026, Section 574, Segment 0020, Offset 1355 (Harveys Lake, PA Quadrangle Latitude: 41°15`21.3"; Longitude: -76°07`10.1").

Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.

E21-445: Silver Spring Township, 8 Flowers Drive, Mechanicsburg, PA 17050 in Silver Spring Township, Cumberland County, U.S. Army Corps of Engineers, Baltimore District.

 To place and maintain approximately 432 cubic yards of fill material in the floodplain of the Conodoguinet Creek (WWF/MF) for the purpose of constructing a parking area for the Vincent Difilippo Nature Preserve, impacting approximately 0.53 acre of floodplain. The permit was issued on December 9, 2015.

E06-699: Berks County Parks and Recreation Department, 2083 Tulpehocken Road, Wyomissing, PA 19610 in Alsace and Lower Alsace Townships, Berks County, U.S. Army Corps of Engineers, Baltimore District.

 To 1) remove an existing culvert and install a pedestrian bridge in and across an unnamed tributary to Antietam Creek (CWF, MF) permanently impacting 13 linear feet of stream; 2) install an open bottom concrete arch culvert bridge in and across of an Unnamed Tributary to Antietam Creek (CWF, MF) while maintaining the existing stream bed and permanently impacting 25 linear feet of stream; 3) install a pedestrian bridge in and across an unnamed tributary to Antietam Creek (CWF, MF) and permanently impacting 8 linear feet of stream, 0.01 acre of floodway and 0.003 acre of floodplain of the UNT to Antietam Creek and Antietam Creek/Lake; 4) install a pedestrian bridge in and across a UNT to Antietam Creek (identified as Bingaman Run) (CWF, MF) and permanently impacting 12 linear feet of stream; 5) install a parking lot, trail, constructed wetlands, and restroom facilities all permanently impacting 0.71 acre of floodway and 0.06 acre of floodplain of Antietam Creek/Lake (CWF, MF) and an Unnamed Tributary to Antietam Creek (CWF, MF); 6) install a stone walking trail, temporary construction facilities, and parking lot all permanently impacting 0.2 acre of floodway and 0.11 acre of floodplain of a UNT to Antietam Creek (identified as Bingaman Run) (CWF, MF) and Antietam Creek/Lake (CWF, MF); 7) install a parking lot, rain garden, and walking trail all permanently impacting 0.35 acre of floodway and 0.16 acre of floodplain of Antietam Creek (CWF, MF); 8) repair an existing stone wall in, along, and lining Antietam Creek (CWF, MF) and permanently impacting 205 linear feet of Antietam Creek; 9) install an observation and fishing platform permanently impacting 0.09 acre of floodplain of Antietam Creek/Lake (CWF, MF); 10) install two 4-inch diameter PVC outfall pipes from proposed constructed wetlands in and along and impacting 4-linear feet of an Unnamed Tributary to Antietam Creek (CWF, MF); 11) install a rock drain outfall structure in and across and impacting 2 linear feet of an unnamed tributary to Antietam Creek (WWF, MF); and, 12) construct and maintain 25 linear feet of a stream bank boulder wall in and along a UNT to Antietam Creek (identified as Bingaman Run) (CWF, MF). The project site is located in the Antietam Lake County Park along Angora Road and Seidel Road (Latitude: 40° 21` 22.8"; Longitude: -75° 52` 25.98") in Alsace and Lower Alsace Townships, Berks County. The permit was issued on December 10, 2015.

E67-918: P.H. Glatfelter Company, 96 South George Street, Suite 500, York, PA 17401 in Jackson and Paradise Townships, York County, U.S. Army Corps of Engineers, Baltimore District.

 To install and maintain a natural gas connector line spanning approximately 6 miles in Jackson and Paradise Townships beginning at 39° 55` 22" N, 76° 56` 15" W and ending at 39° 52` 33" N, 76° 52` 22" W. Ten (10) wetland crossings and thirteen (13) stream crossings are necessary for the proposed project. Wetland impacts comprise 21,541 square feet (permanent) and 19,997 square feet (temporary). Temporary linear stream impacts total 759 feet with an impact area of 6,072 square feet. Floodway impacts total 2.66 acres. Nine (9) additional stream crossings accompany the project which qualify for a waiver of permit requirements under 25 Pa. Code § 105.12(a)(2). Crossings will be permitted open cut and timber matted for temporary access, with the exception of KLF-WETLAND03 and KLF-WETLAND04 which will utilize bore methods. KLF-WETLAND01 will be permanently impacted with the construction of a new impervious surface (157-ft by 150-ft) for a valve site. KLF-WETLAND03 and KLF-WETLAND04 are classified as Exceptional Value. The permit was issued on December 4, 2015.

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

E63-666, MAX Environmental Technologies, Inc., 1815 Washington Road, Pittsburgh, PA 15241, Smith Township, Washington County, ACOE Pittsburgh District.

 Has been given consent to:

 Place fill in 0.03 acre of wetlands for the purpose of construction of a new hazardous waste treatment and processing facility and residual waste processing landfill area at the existing MAX Bulger facility. The project is located east of Bulger Candor Road, and north of Bulger Block Road in Smith Township, Washington County (USGS Clinton, PA topographic quadrangle; Latitude: 40° 23` 6"; Longitude: -80° 19` 12"; Sub-basin: 20D; Chapter 93 Type: WWF).

District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA

E42-08-018: NFG Midstream Clermont, LLC, 6363 Main Street, Williamsville, NY 14221, McKean County, ACOE Baltimore District.

 To construct, operate and maintain the Clermont to Rich Valley Pipeline Project, which consists of two 36-inch natural gas lines, with the following impacts:

 1. 3,005 square feet of temporary impacts to Exceptional Value (EV) Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Wildwood Fire Tower, PA Quadrangle, Latitude: N41° 37`22.64", Longitude: W78°25`27.31");

 2. 74.0 linear feet of Elk Fork (EV, CWF) and 5,252 square feet of temporary impacts to Exceptional Value (EV) Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Wildwood Fire Tower, PA Quadrangle, Latitude: N41°37`21.06", Longitude: W78°25`23.26"); and

 3. 74.0 linear feet of a UNT to Elk Fork (EV, CWF) and 1,024 square feet of temporary impacts to Exceptional Value (EV) Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Wildwood Fire Tower, PA Quadrangle, Latitude: N41° 37`10.82", Longitude: W78°24`58.06").

 The project will result in 148.0 linear feet of temporary stream impacts, and 9,281 square feet (0.21 acre) of temporary EV PEM wetland impacts all for the purpose of installing two natural gas lines and associated access roadways for Marcellus shale development.

E1229-006: NFG Midstream Clermont, LLC, 6363 Main Street, Williamsville, NY 14221, Cameron County, ACOE Baltimore District.

 To construct, operate and maintain the Clermont to Rich Valley Pipeline Project, which consists of two 36-inch natural gas lines, with the following impacts:

 1. 83.0 linear feet of Oviatt Branch (EV, CWF) and 4,762 square feet of temporary impacts to Exceptional Value (EV) Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Wildwood Fire Tower, PA Quadrangle, Latitude: N41°36` 54.98", Longitude: W78°24`17.16");

 2. 3,879 square feet of temporary impacts to Exceptional Value (EV) Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Wildwood Fire Tower, PA Quadrangle, Latitude: N41°36` 54.90", Longitude: W78°24`14.76");

 3. 67.0 linear feet of a UNT to Brewer Fork (EV, CWF) and 14,983 square feet of temporary impacts to Exceptional Value (EV) Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Wildwood Fire Tower, PA Quadrangle, Latitude: N41°36` 53.22", Longitude: W78°23`45.57"); and

 4. 73.0 linear feet of a UNT to Brewer Fork (EV, CWF) and 418 square feet of temporary impacts to Exceptional Value (EV) Palustrine Emergent (PEM) Wetlands via open cut trenching and a temporary road crossing (Wildwood Fire Tower, PA Quadrangle, Latitude: N41°36` 50.94", Longitude: W78°23`06.10").

 The project will result in 223.0 linear feet of temporary stream impacts, and 24,042 square feet (0.55 acre) of temporary EV PEM wetland impacts all for the purpose of installing two natural gas lines and associated access roadways for Marcellus shale development.

EROSION AND SEDIMENT CONTROL

 The following Erosion and Sediment Control permits have been issued.

 Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.

 For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

 Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335

ESCGP-2 #ESG15-019-0045—McCalmont Road Vault to
 Spang Impoundment Waterline
Applicant XTO Energy, Inc
Contact Ms. Melissa Breitenbach
Address 190 Thorn Hill Road
City Warrendale State PA Zip Code 15086
County Butler Township(s) Butler and Penn
Receiving Stream(s) and Classification(s) UNT to Con-
 noquenssing Creek (WWF), Connoquenessing Creek
 (WWF), and Thorn Creek (CWF)/Connoquenessing
 Creek

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

ESCGP-2 # ESX10-081-0075(02)
Applicant Name EXCO Resources LLC
Contact Person Brian Rushe
Address 260 Executive Drive, Suite 100
City, State, Zip Cranberry Twp, PA 16066
County Lycoming
Township(s) Franklin
Receiving Stream(s) and Classification(s) UNTs to Beaver
 Run (CWF)
 Secondary—Beaver Run (CWF)

ESCGP-2 # ESG29-081-15-0026
Applicant Name Regency Marcellus Gas Gathering LLC
Contact Person Kevin Roberts
Address 101 W Third St
City, State, Zip Williamsport, PA 17701
County Lycoming
Township(s) Cummings
Receiving Stream(s) and Classification(s) UNTs to First
 Fork Larrys Creek (EV), First Fork Larrys Creek
 Secondary—Larrys Creek (EV)

[Pa.B. Doc. No. 15-2279. Filed for public inspection December 24, 2015, 9:00 a.m.]



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