[46 Pa.B. 7835]
[Saturday, December 17, 2016]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P.S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1002).
Coal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 32960103 and NPDES No. PA0213331. Forcey Coal, Inc., 475 Banion Road, Madera, PA 16661 renewal for reclamation only of a bituminous surface and auger mine in Green Township, Indiana County, affecting 329.7 acres. Receiving streams: unnamed tributaries to Little Mahoning Creek, unnamed tributaries to East Run to Little Mahoning Creek and unnamed tributaries to North Branch of Two Lick Creek classified for the follow uses: high quality cold water fishes, cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: August 24, 2016. Permit issued: November 16, 2016.
Permit No. 32120101. NPDES No. PA0268976 and General Permit GP-12-32120101, Amerikohl Mining, Inc., 202 Sunset Drive, Butler, PA 16001, revision of an existing bituminous coal surface mining site to obtain coverage for coal processing under air quality general permit GP-12 in East Wheatfield Township, Indiana County, affecting 210.2 acres. Receiving streams: unnamed tributary to/and Mardis Run to Blacklick Creek, classified for the following uses: cold water fishes and trout stocked fishes. There are no potable water supply intakes within 10 miles downstream. Application received: October 4, 2016. Permit issued: November 23, 2016.
Permit No. 56140106 and NPDES No. PA0279404. Mountaineer Mining Corporation, 1010 Garrett Shortcut Road, Berlin, PA 15530 commencement, operation and restoration of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 36.0 acres. Receiving streams: unnamed tributaries to Piney Run, classified for the follow use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: June 27, 2016. Permit issued: November 29, 2016.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
26960101 and NPDES Permit No. PA0201600. Daniel J. Patterson (20 Elizabeth Drive, Smithfield, PA 15478). Permit renewal issued for reclamation only to an existing bituminous surface mine, located in Georges Township, Fayette County, affecting 48 acres. Receiving streams: unnamed tributaries to York Run. Application received: February 4, 2016. Renewal permit issued: December 1, 2016.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 34092803, GP104 No. PAM411007. Quarry Cut, Inc., P.O. Box 1020, 77 Wells Road, Parker Ford, PA 19457. General NPDES Permit for stormwater discharges associated with mining activates on Small Noncoal Permit No. 34092803 located in Turbett Township, Juniata County. Receiving stream: Tributary to Hunter's Creek, classified for the following uses: cold water fishes and migratory fishes. There are no potable water supply intakes within 10 miles downstream. Notice of Intent for Coverage received: November 14, 2016. Permit Issued: November 30, 2016.
Permit No. 34102801, GP104 No. PAM411008. Quarry Cut, Inc., P.O. Box 1020, 77 Wells Road, Parker Ford, PA 19457. General NPDES Permit for stormwater discharges associated with mining activates on Small Noncoal Permit No. 34102801 located in Spruce Hill and Turbett Townships, Juniata County. Receiving stream: Unnamed tributary to Tuscarora Creek, classified for the following uses: cold water fishes and migratory fishes. There are no potable water supply intakes within 10 miles downstream. Notice of Intent for Coverage received: November 14, 2016. Permit Issued: November 30, 2016.
Permit No. 1160301, GP104 No. PAM411001. Jigging Technologies LLC, dba Atoll, 950 Riders Road, Johnstown, PA 15906. General NPDES Permit for stormwater discharges associated with mining activates on Small Noncoal Permit No. 11060301 located in East Taylor Township and the City of Johnstown, Cambria County. Receiving stream: Hinckston Run, classified for the following use: warm water fishes. There are no potable water supply intakes within 10 miles downstream. Notice of Intent for Coverage received: November 14, 2016. Permit Issued: November 30, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 64160301 and NPDES Permit No. PA0225622. Wayco, Inc., (198 O'Connell Road, Waymart, PA 18472), commencement, operation and restoration of a quarry operation and NPDES Permit for discharge of treated mine drainage in Palmyra Township, Wayne County affecting 36.0 acres, receiving streams: Wallenpaupack Lake and Wallenpaupack Creek. Application received: February 4, 2016. Permit issued: November 29, 2016.
Permit No. 5273WSM1C5 and NPDES Permit No. PA0594261. H & K Group, Inc., (P.O. Box 196, Skippack, PA 19474), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Aston Township, Delaware County affecting 50.0 acres, receiving stream: Chester Creek. Application received: September 2, 2014. Renewal issued: December 2, 2016.
Permit No. 7775SM12C7 and NPDES Permit No. PA0223573. Highway Materials, Inc., (409 Stenton Avenue, Flourtown, PA 19031), renewal of an NPDES Permit for discharge of treated mine drainage from a quarry operation in Alsace Township, Berks County affecting 137.4 acres, receiving stream: unnamed tributary to Laurel Run. Application received: April 29, 2015. Renewal issued: December 2, 2016.
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.
08164106. Meshoppen Stone, Inc. (P.O. Box 127, Meshoppen, PA 18630). Blasting for Gu-X-Seymour pad and access road in Stevens Township, Bradford County and Rush Township, Susquehanna County with an expiration date of November 18, 2017. Permit issued: November 29, 2016.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
03164003. KESCO, Inc. (215 South Main St., Zelienople, PA 16063). Blasting activity permit for testing at the NABCO Systems, LLC, located in East Franklin Township, Armstrong County with an exploration date of November 16, 2017. Blasting permit issued: November 17, 2016.
03164001. Precision Geophysical, Inc. (2695 State Route 83 South, Millersburg, OH 44654). Blasting activity permit to conduct seismic activity for the Pine Creek 2D located in Rayburn, Manor, Kittanning, Valley, Boggs, Pine, Wayne, Madison and Cowanshannock Townships, Armstrong County with an exploration date of August 17, 2017. Blasting permit issued: November 29, 2016.
03164002. Precision Geophysical, Inc. (2695 State Route 83 South, Millersburg, OH 44654). Blasting activity permit to conduct seismic activity for the Renshaw 2D located in South Buffalo Township, Armstrong County with an exploration date of August 17, 2017. Blasting permit issued: November 29, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 36164172. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Melvin Allgyer manure pit in Caernarvon Township, Lancaster County with an expiration date of December 30, 2016. Permit issued: December 1, 2016.
Permit No. 40164111. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for Jack Cobleigh dwelling in Dallas Township, Luzerne County with an expiration date of January 31, 2017. Permit issued: December 1, 2016.
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.
E40-782. Pennsylvania Department of Transportation, Engineering District 4-0, 55 Keystone Industrial Park, Dunmore, PA 18512. Bear Creek Township, Luzerne County, Army Corps of Engineers Philadelphia District.
To remove the existing structure; and to construct and maintain a 28-foot wide road crossing of Red Run Creek (HQ-CWF, MF), consisting of a single 6-foot diameter concrete pipe depressed 1-foot below streambed elevation with end walls and riprap. The project is located along SR 2036, Section D52 Segment 00700 Offset 0000 (Pleasant View Summit, PA Quadrangle Latitude: 41°14`39.3"; Longitude: -75°43`15.7")
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E04-351, The Beaver County Board of Commissioners, 810 Third Street, Beaver, PA 15009, Fallston Borough and Bridgewater Borough, Beaver County, Pittsburgh ACOE District.
Has been given consent to:
Remove the existing 25` 5.5" width, two span Brickyard Road bridge having a total length of 100`, and having a minimum underclearance of 8` 2" over Bradys Run (TSF) with a drainage area of 25.64 square miles; and to construct and maintain a replacement 37` 4.5" wide, 110' long single span bridge, having a minimum underclearance of 8` 2", 54` upstream from the existing bridge. Place and maintain fill in a de minimis 0.018 acre of PEM wetland and permanently impact approximately 117` of stream for the placement of scour protection and other appurtenant works. In addition, construct and maintain associated stormwater and approach road changes; and temporarily impact 0.003 acre of PEM wetland and 179` of stream for the construction of these encroachments. The Beaver County improvement and relocation project is in Fallston Borough and Bridgewater Borough, PA (Aliquippa Quadrangle; N: 17.25 inches; W: 8.75 inches; Latitude 40° 43` 16"; Longitude -80° 18` 46") Beaver County.
E30-245-A1, Pennsylvania Game Commission, 4820 Route 711, Bolivar, PA 15923, Whiteley Township and Greene Township, Greene County, Pittsburgh ACOE District.
Has been given consent to:
Re-grade the stream banks and to install and maintain stream bank toe rock stabilization along the stream banks at multiple locations along an approximately 1,540 LF long reach of Whiteley Creek (TSF) and to install and maintain rock vane deflectors within this same reach for the purpose of improving fish habitat. In addition, to grade the floodplain along approximately 234 LF of an Unnamed Tributary of Whiteley Creek and excavate approximately 0.02 acre of wetland, to create a 0.21 acre wetland. The project is to compensate for impacts to aquatic resources that were approved under permit E30-233-A1. The project is located within State Game Land # 223, approximately 0.6 mile east of the intersection of Kirby-Garards Fort Road and McCoy Road (Garards Fort, PA USGS Quadrangle, N: 11.0 inches; W: 9.3 inches; Latitude: 39°48`39"; Longitude: -80°3`54"), in Whiteley and Greene Townships, Greene County.
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, Floor 2, 400 Market Street, P.O. Box 8460, Harrisburg, PA 17105-8460.
D67-021EA. Dave Lewis, Columbia Water Company, 220 Locust Street, Columbia, PA 17512, Hellam Township, York County, USACOE Baltimore District.
Project proposes to remove Wildcat Run Reservoir Dam for the purpose of eliminating a threat to public safety and to restoring approximately 325 feet of stream channel to a free-flowing condition. The proposed restoration project includes the removal of an upstream grate, concrete walls and channel and construction of grade control structures through the breach. The project is located across Wildcat Run (WWF, MF) (Columbia West, PA Quadrangle, Latitude: 40.0479; Longitude: -76.6022).
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Northcentral Region: Waterways & Wetlands Program Manager, 208 W Third Street, Williamsport, PA 17701.
ESCP 2 # ESG0035160002
Applicant Name Transcontinental Gas Pipe Line Com-
pany, LLC
Contact Person
Address 2000 Commerce Dr
City, State, Zip Pittsburgh, PA 15276
County Clinton
Township(s) Chapman Twp
Receiving Stream(s) and Classification(s) Young Womans Creek (EV), Left Branch Young Womans Creek (EV), Dry Run (HQ), Post Hollow (CWF), Mudlick Run (CWF)Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESX16-059-0025
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2400 Zenith Ridge Road, Suite 200
City, State, Zip Canonsburg, PA 15317
County Greene County and Washington County
Township(s) Morgan Township and West Bethlehem Township
Receiving Stream(s) and Classification(s) Bacon Run (WWF), UNT to Tenmile Creek (TSF)
Secondary—Ten Mile CreekESCGP-2 # ESX16-005-0004
Applicant Name Snyder Bros Inc
Contact Person Carl Rose
Address P.O. Box 1022
City, State, Zip Kittanning, PA 16201
County Armstrong County
Township(s) East Franklin Township
Receiving Stream(s) and Classification(s) UNT Allegheny River
Secondary—Allegheny RiverESCGP-2 # ESX16-007-0008
Applicant Name Cardinal PA Midstream LLC
Contact Person Tommy Baskin
Address 8150 N Central Expressway, Suite 1725
City, State, Zip Dallas, TX 75206
County Beaver
Township(s) New Sewickley
Receiving Stream(s) and Classification(s) UNT to Brush Ck (WWF); UNT to Crows Run (WWF)
Secondary—Brush Ck & Crows RunESCGP-2 # ESG16-129-0011
Applicant Name Apex WML Midstream LLC
Contact Person Chris Hess
Address 6041 Wallace Rd, Suite 100
City, State, Zip Wexford, PA 15090
County Westmoreland
Township(s) Salem
Receiving Stream(s) and Classification(s) Beaver Run (HQ-CWF, SI)ESCGP-2 # ESX16-059-0031
Applicant Name EQT Production Co
Contact Person Todd Klaner
Address 2400 Ansys Dr, Suite 200
City, State, Zip Canonsburg, PA 15317
County Greene
Township(s) Springhill
Receiving Stream(s) and Classification(s) UNTs to Knob Run (WWF)
Secondary—Knob Run (WWF)Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX11-015-0321 (01)
Applicant Name Talisman Energy USA Inc
Contact Person Lance Ridall
Address 337 Daniel Zenker Dr
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Columbia Twp and Sylvania Boro
Receiving Stream(s) and Classification(s) UNT to Morgan Ck (TSF, MF); Morgan Ck (TSF, MF)
Secondary—Sugar CkESCGP-2 # ESX10-015-0055 (03)
Applicant Name Talisman Energy USA Inc
Contact Person Joe Katruska
Address 50 Pennwood Pl
City, State, Zip Warrendale, PA 15086
County Bradford
Township(s) Columbia
Receiving Stream(s) and Classification(s) UNT to Wolf Ck (TSF, MF)
Secondary—Wolf CkESCGP-2 # ESX29-027-16-0004
Applicant Name WPX Energy Appalachia LLC
Contact Person Mark Colenbrander
Address 6000 Town Center Blvd, Suite 210
City, State, Zip Canonsburg, PA 15317
County Centre
Township(s) Snow Shoe
Receiving Stream(s) and Classification(s) Moshannon Ck (TSF, MF)
Secondary—W Branch Susquehanna River (WWF)ESCGP-2 # ESX29-081-16-0027
Applicant Name Inflection Energy PA LLC
Contact Person Thomas Gillespie
Address 49 E 4th St
City, State, Zip Williamsport, PA 17701
County Lycoming
Township(s) Hepburn & Eldred
Receiving Stream(s) and Classification(s) UNT to Millers Run (WWF); UNT to Mill Ck (WWF); UNT to Lick Run (TSF)
Secondary—Millers Run (WWF); Mill Ck (WWF); Lick Run (TSF)
SPECIAL NOTICES
Municipal Waste Management Landfill
Expansion Application # 100022-A151
Submitted by Chrin Brothers, Inc.
Williams Township, Northampton County
Public HearingThe Department of Environmental Protection has scheduled a public hearing to accept comments on Municipal Waste Management Permit Application 100022-A151 for a proposed expansion of the Chrin Brothers Landfill in Williams Township, Northampton County. The application is currently under review.
The public hearing will be held on Tuesday, January 17, 2017 from 6 to 9 p.m. at the Wilson Area High School, 424 Warrior Lane, Easton, PA 18042.
The major permit modification application was submitted to DEP in July 2015 and requests a lateral expansion through proposed new landfill footprint to the east of the existing facility, with an overlay on the existing disposal area. The proposed expansion does not include a change in waste acceptance rates.
The Department requests that individuals wishing to testify at the hearing submit a written notice of intent to Colleen Connolly, Community Relations Coordinator, Chrin Brothers Landfill Public Hearing, PA DEP, 2 Public Square, Wilkes-Barre, PA 18701-1915, or by email at coconnolly@pa.gov.
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 of their 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 statements/comments to the Department on or before January 17, 2017.
Persons with a disability who wish to testify and require an auxiliary aid, service or other accommodation should contact Colleen Connolly, 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 is available for review at the Department's Northeast Regional Office, 2 Public Square, Wilkes-Barre or at the Department's Bethlehem District Office, 4530 Bath Pike, Bethlehem. Contact the Northeast Regional Office at 570-826-2511 or the Bethlehem District Office at 610-861-2070 to schedule an appointment to review the application.
Additional copies of the application are also available for review at the Easton Public Library, 515 Church Street and the Easton Area Neighborhood Center, 902 Philadelphia Road. The public does not need an appointment to view documents at either location.
For further information, contact Colleen Connolly, DEP Northeast Regional Office at 570-826-2511.
Notice of Certification to Perform Radon-Related Activities in Pennsylvania In the month of November 2016 Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act, act of July 9, 1987, P.L. 238, No. 43 (63 P.S. §§ 2001—2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed below to perform radon-related activities in Pennsylvania. The period of certification is two years. (For a complete list of persons currently certified to perform radon-related activities in Pennsylvania and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P.O. Box 8469, Harrisburg, PA 17105-8469, (1-800-23RADON).
Name Address Type of
CertificationJeffrey Arms, Jr. 2342 Miller Road
Chester Springs, PA 19425Testing Roger Burens, Jr. 630 Freedom Business Center
3rd Floor
King of Prussia, PA 19406
Mitigation Spencer Conrad 555 Jamestown Street
Philadelphia, PA 19128Testing Ronald Crescente 2662 Tacoma Drive
Blakeslee, PA 18610Testing Aaron Cunningham 1518 Manley Road, # B6
West Chester, PA 19382Testing Ronald Eckenroth 1006 Greenway Terrace
Reading, PA 19607Testing Bruce Eichenlaub 535 Derr Hill Road
Lock Haven, PA 17745Testing Enviro Management Group, LLC 127 West College Avenue
Suite B
Pleasant Gap, PA 16823
Mitigation Michael Gelsick 537 Maurus Street
Saint Marys, PA 15857Testing Insight Property Services 18 Farview Road
Telford, PA 18969Mitigation John LaBar 23 Veterans Square
Media, PA 19063Testing Chris Matteson 50 North Linden Road
# 31
Hershey, PA 17033
Testing Greg Panyko 345 Glaser Avenue
Pittsburgh, PA 15202Testing Brian Poplarchick 37 North Washington Street
Wilkes-Barre, PA 18701Testing Ray Remsnyder 880 South 80th Street
Harrisburg, PA 17111Testing Safe-Buy Home Inspection, LLC 7844 Old Rte. 56 Highway W
Indiana, PA 15701Testing Kenneth Struder PO Box 72722
Thorndale, PA 19372Testing James Vellella 5990 University Boulevard
Suite 12, Box 161
Moon Township, PA 15108
Testing Steven Wesler 6168 Stump Road
Pipersville, PA 18947Testing Steven Wesler
Radon Protection Systems, Inc.6168 Stump Road
Pipersville, PA 18947
Mitigation
Final State Water Quality Certification Required by Section 401 of the Clean Water Act for the Rover Pipeline Project—Burgettstown Lateral Pipe and Compressor Station Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Rita A. Coleman, 412-442-4314.
WQ05-007, Rover Pipeline, LLC (Applicant), 1300 Main Street, Houston, TX 77002. Burgettstown Lateral Pipe and Compressor Station (Project), in Smith Township and Hanover Township, Washington County, Pittsburgh ACOE District. The proposed project begins southeast of the intersection of Creek Road and Point Pleasant Road in Smith Township, and continues into West Virginia near the intersection of Aunt Clara Road and Hudson Hill Road in Hanover Township. (Start: Clinton, PA USGS Topographic Quadrangle N: 40°, 24`, 49"; W: -80°, 21`, 26"; End: Burgettstown, PA USGS Topographic Quadrangle N: 40°, 27`, 39"; W: -80°, 31`, 3").
On February 20, 2015, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP15-93-000. The FERC Environmental Assessment for the Project, which was issued on July 29, 2016 may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-93).
On January 12, 2016, Applicant requested a State water quality certification from the Pennsylvania Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The Project in Pennsylvania, as proposed, includes approximately 10.4 miles of new 36-inch-diameter pipeline (Burgettstown Lateral) system that will cross 31 streams and 7 wetlands; a new compressor station and meter station on the same site; and two temporary gravel access roads. The proposed Project in Pennsylvania, will require approximately 177.3 acres of earth disturbance, and impacts to 139 linear feet of streams including Raccoon Creek and twelve Unnamed Tributaries (UNT) to Raccoon Creek (WWF); four UNTs to Brush Run (WWF); Kings Creek and five UNTs to Kings Creek (WWF); Aunt Clara Fork and seven UNTs to Aunt Clara Fork (CWF), 4.8 acres of floodway, 0.565 acre of temporary PEM, PSS, and PFO wetland impacts, and 0.251 acre of permanent PEM, PSS, and PFO wetland impacts that are associated with permanent right-of-way maintenance.
The Department published notice of its proposed state water quality certification published at 46 Pa.B. 6133 (October 1, 2016) and received no comments from the public.
The Department certifies to Applicant that the construction, operation and maintenance of the Project will not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93, provided Applicant complies with the permitting programs, criteria and conditions established pursuant to State law:
1. Discharge Permit—Applicant shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department during such inspections of the Project.
7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Rita A. Coleman, 400 Waterfront Drive, Pittsburgh, PA 15222.
9. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
10. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
11. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Any person aggrieved by this action may file a petition for review pursuant to Section 19(d) of the Federal Natural Gas Act (15 U.S.C.A. § 717r(d)) with the Office of the Clerk, United States Court of Appeals for the Third Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. Important legal rights are at stake, so you should show this document to a lawyer at once.
Proposed Conditional State Water Quality Certification for the Point Marion Lock and Dam Hydroelectric Project, FERC Project No. 13771 On February 27, 2014, Solia 8 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC), for a license to construct and operate a 5-megawatt (MW) hydropower facility, at the Point Marion Lock and Dam, owned and operated by the U.S. Army Corps of Engineers (Corps), on the Monogahela River, at river mile 90.8, in Fayette County, Pennsylvania (Project). The Applicant is required, pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)), to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the act.
On November 14, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new 255-foot-long intake channel, to be excavated into the riverbed immediately downstream of the Corps' dam. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 3-inch clear bar spacing, to a new reinforced concrete powerhouse that is 120 feet long. The powerhouse would house two (2) identical horizontal pit Kaplan turbine generator units with a combined capacity of 5 MW. Flows would exit the powerhouse into a 225-foot-long tailrace excavated into the riverbed. Project power would be transmitted from the powerhouse to a new project substation, and then from the new substation to an existing distribution line, with an overhead transmission line.
The Department, by this notice, proposes to certify that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of the act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), and will not violate the Commonwealth's water quality standards, provided that the construction, operation and maintenance of the Project complies with the conditions for this certification as listed below, and the terms and conditions of the State law permits required to demonstrate compliance with Pennsylvania Water Quality Standards:
1. Discharge Permit—If the proposed facility will result in a discharge into waters of the Commonwealth, the Applicant shall, prior to construction, obtain and comply with a National Pollutant Discharge Elimination System (NPDES) permit from the Department for discharges to waters of the Commonwealth pursuant to the Clean Streams Law (35 P.S. §§ 691.1—691.1001), and applicable regulations implementing the Clean Streams Law, including, but not limited to, 25 Pa. Code Chapters 91, 92a, 93 and 96. As part of the NPDES permit application for the Project, the Applicant shall provide the Department with information on the potential impacts of the Project on water quality and measures that will be taken to avoid, minimize and/or mitigate those impacts, including information on the type, volume and concentration of pollutants that may be discharged, impacts to Federal and State threatened and endangered species and other species of special concern, impacts on the flow and dissolved oxygen levels of the impacted waters, and measures to be taken to avoid water quality impacts, and impingement, entrainment, habitat destruction, and other adverse impacts on fish and wildlife species. The applicant shall also submit a plan as part of the permit application to prevent pollutants from directly or indirectly reaching waters of the Commonwealth through accident, carelessness, maliciousness, hazards of weather or from other causes consistent with 25 Pa. Code § 91.34. The Applicant shall assess impacts and develop best management practices as part of its permit application consistent with applicable Department technical guidance.
2. Erosion and Sediment Control—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 102. The Applicant shall obtain and comply with an NPDES permit from the Department for the discharge of stormwater if the earth disturbance activities associated with the Project will result in a total disturbance equal to or greater than 1 acre. Earth disturbance activities associated with discharging dredged or fill material from the Project to waters of the United States which require permit coverage under Section 404 of the Clean Water Act (33 U.S.C.A. § 1344) need not obtain an additional NPDES Permit from the Department for earth disturbance activities covered by the Section 404 permit. The Applicant shall submit final detailed erosion and sediment control and post construction stormwater management plans for all Project activities to the Department and County Conservation District for their review and approval prior to commencement of construction. Specific guidance on the requirements of the NPDES Permit for Stormwater Discharges Associated with Construction Activities can be obtained from the County Conservation District or the DEP Regional Office.
3. Water Obstruction and Encroachment Permit—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 105 relating to dam safety and waterway management. The Applicant shall obtain and comply with a Chapter 105 Water Obstruction and Encroachment Permit (WO&EP) issued by the Department for the construction, operation and maintenance of any water obstruction or encroachment associated with the Project that is not part of the Corps' dam or its appurtenant works pursuant to the Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations. Project activities requiring a WO&EP may include, but are not limited to, access roads, buildings, penstocks, outfalls, utility lines, pipelines, and staging areas.
4. Submerged Lands License Agreement—The Applicant shall obtain and comply with a Submerged Lands License Agreement pursuant to Pennsylvania's Dam Safety and Encroachments Act (32 P.S. § 693.15) from the Department to occupy submerged lands of the Commonwealth in navigable waters as necessary to construct, operate and maintain the Project.
5. Water Resource Planning Act Registration—In accordance with the Pennsylvania Water Resources Planning Act (27 Pa.C.S. §§ 3118) and the regulations thereunder (25 Pa. Code Chapter 110), FFP Missouri 5, LLC must register the hydropower facility with the Department and report water usage to the Department annually.
6. Limited Power Permit—The Applicant shall obtain and comply with a permit from the Department as required by the act of June 14, 1923 (32 P.S. §§ 591—625) related to the construction of a power dam or for a change in stream to develop power. The Applicant shall submit an application for this permit to the Department on the form available from the Department.
7. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project.
8. Preparedness, Prevention and Contingency Plan—The Applicant shall develop and maintain on site a Preparedness, Prevention and Contingency Plan (PPC Plan) for any project activities utilizing pollutants pursuant to 25 Pa. Code § 91.34. The PPC Plan shall be developed in accordance with the ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans'' which can be found at: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-48522/400-2200-001.pdf.
9. Operation—The Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by the Applicant.
10. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be made available for inspection by the Department during such inspections of the Project.
11. Transfer of Projects—If the Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, the Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Southwest Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them. The existing owner shall continue to be responsible for construction and operations at the Project until a transfer to the new owner has been completed.
12. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, and shall reference DEP File No. WQ05-010, APS ID # 890865, or Authorization No. 1107811.
13. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that the Applicant has not complied with the terms and conditions of this certification. The Department reserves the right to require additional measures to achieve compliance with applicable laws and/or regulations, subject to the Applicant's applicable procedural and substantive rights.
14. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve the Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
15. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
The Department will consider all written comments received on or before submitted to the Department within 30 days of this notice, before taking final action on this conditional State Water Quality Certification. Comments submitted by facsimile will not be accepted. All comments must include the originator's name and address. Written comments should be submitted by mail to the Department of Environmental Protection, Southwest Regional Office, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222.
Proposed State Water Quality Certification Required by Section 401 of the Clean Water Act
for the Leach Xpress ProjectSouthwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Rita Coleman, 412-442-4149.
WQ05-012, Columbia Gas Transmission, LLC (Applicant), 5151 San Felipe Street, # 2400; Houston, TX 77056. Leach Xpress Project (Project), in Richhill Township, Greene County, ACOE Pittsburgh District. Within Pennsylvania, the proposed project starts approximately 0.4 mile south of Majorsville, WV (Majorsville, PA Quadrangle N: 39°, 57`, 36"; W: -80°, 31`, 09") and ends at 0.75 mile north west of the intersection of Fry Hill Road and Coal Rock Road (Majorsville, PA Quadrangle N: 39°, 56`, 22"; W: -80°, 31`, 09").
On June 8, 2015, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP15-514-000). The FERC Environmental Assessment for the Project, which was issued on September 1, 2016, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP15-514-000).
On March 25, 2016, Applicant requested a state water quality certification from the Pennsylvania Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The Project consists of four new natural gas pipelines, totaling 160.67 miles, through West Virginia, Pennsylvania and Ohio. Within Pennsylvania, the Project, as proposed, includes approximately 1.74 mile of 36-inch pipeline, for the purpose of transporting natural gas from Majorsville, PA to the Pennsylvania-West Virginia state line. The Project, as proposed, will require approximately 29.83 acres of earth disturbance, and impacts to 868 linear feet of Unnamed Tributaries of Enlow Fork (WWF), Unnamed Tributaries of Dunkard Creek (WWF), and Dunkard Creek (WWF), 1.98 acre of floodway, 0.09 acre of temporary PEM wetland impacts.
The Department anticipates issuing a state water quality certification to Applicant for the Project that will require compliance with the following State water quality permitting programs, criteria and conditions established pursuant to State law to ensure the Project does not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93:
1. Discharge Permit—Applicant shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department during such inspections of the Project.
7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Rita Coleman, 400 Waterfront Drive, Pittsburgh, PA 15222.
7. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
8. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
9. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Prior to issuance of the final state water quality certification, the Department will consider all relevant and timely comments, suggestions or objections submitted to the Department within 30 days of this notice. Comments should be directed to Rita Graham at the above address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.
[Pa.B. Doc. No. 16-2200. Filed for public inspection December 16, 2016, 9:00 a.m.]
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