[47 Pa.B. 7330]
[Saturday, December 2, 2017]
[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.
30130701 and NPDES No. PA0236268. Consol Pennsylvania Coal Company LLC, (1000 Consol Energy Drive, Canonsburg, PA 15317). To operate the Bailey Coal Refuse Disposal Areas No. 7 and No. 8 in Morris Township, Greene County and related NPDES Permit to construct a coal refuse disposal facility. Coal Refuse Disposal Support Acres Proposed 277.0, Coal Refuse Disposal Acres Proposed 272.0. No additional discharges. The application was considered administratively complete on September 1, 2015. Application received July 10, 2015. Permit issued November 1, 2017.
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 and Aleppo Townships, Greene County and related NPDES to revise 2,142.0 previously permitted underground and subsidence control acres from development to longwall mining and conduct stream restoration. No additional discharges. The application was considered administratively complete on May 11, 2017. Application received August 10, 2016. Permit issued November 3, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 54861601R6. Schuylkill Coal Processing, Inc., (P.O. Box 134, Ashland, PA 17921), renewal of an existing anthracite coal preparation plant operation in Butler Township, Schuylkill County affecting 18.6 acres, receiving stream: Mahanoy Creek. Application received: May 18, 2017. Renewal issued: November 16, 2017.
Permit No. PAM112038R. Schuylkill Coal Processing, Inc., (P.O. Box 134, Ashland, PA 17921), renewal of General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 54861601 in Butler Township, Schuylkill County, receiving stream: Mahanoy Creek. Application received: May 18, 2017. Renewal issued: November 16, 2017.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
42090805. Lois Baker (1812 Champlin Hill Road, P.O. Box 149, Turtlepoint, PA 16750). Final bond release for a small industrial minerals surface mine in Annin Township, McKean County. Restoration of 2.0 acres completed. Receiving streams: Unnamed tributary to Annin Creek. Application Received: September 18, 2017. Final bond release approved: November 9, 2017.
PAM613005. IA Construction Corporation (P.O. Box 568, Franklin, PA 16323) Renewal of a General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 10980302 in Cherry & Slippery Rock Townships, Butler County. Receiving Streams: Unnamed tributary to McMurray Run. Application received: October 11, 2017. Permit Issued: November 14, 2017.
PAM617034. KEFO Corporation (P.O. Box 418, Meadville, PA 16335) General NPDES Permit for stormwater discharges associated with mining activities on Mine Drainage Permit No. 20820307 in Summit Township, Crawford County. Receiving streams: Unnamed tributary to Conneaut Creek. Application received: October 16, 2017. Permit Issued: November 14, 2017.
PAM617035. Dean Glover Trucking (13925 French Creek Road, Waterford, PA 16441) General NPDES Permit for stormwater discharges associated with mining activities on Mine Drainage Permit No. 4878SM1 in LeBoeuf Township, Erie County. Receiving streams: French Creek. Application received: October 16, 2017. Permit Issued: November 14, 2017.
16170801. P. Tinker's Contracting, Inc. (954 Reed Road, Clarion, PA 16214) Commencement, operation and restoration of a small industrial minerals mine in Highland Township, Clarion County, affecting 5.0 acres. Receiving streams: Unnamed tributary to the Clarion River. Application received: January 26, 2017. Permit Issued: November 14, 2017.
37160303 and NPDES Permit No. PA0259713. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001) Commencement, operation and restoration of a large industrial minerals mine and associated NPDES permit in Wayne Township, Lawrence County, affecting 204.0 acres. Receiving streams: Unnamed tributaries to Connoquenessing Creek and Connoquenessing Creek, and unnamed tributary to the Beaver River. Application received: March 28, 2017. Permit Issued: November 14, 2017.
22807-37160303-E-1. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001) Application for a stream encroachment to conduct mining activities within 100 feet but no closer than 25 feet of unnamed tributary No. 1 to Beaver River in Wayne Township, Lawrence County. Receiving streams: Unnamed tributaries to Connoquenessing Creek and Connoquenessing Creek, and unnamed tributary to the Beaver River. Application received: March 28, 2017. Permit Issued: November 14, 2017.
37160303 and NPDES Permit No. PA0259713. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001) Application for a wetlands encroachment to impact 1.35 acre of wetlands. As a replacement for the wetland impacts, 1.4 acre of Palustrine Emergent wetlands will be developed according to the Module 14.4 mitigation plan in Wayne Township, Lawrence County. Receiving streams: Unnamed tributaries to Connoquenessing Creek and Connoquenessing Creek, and unnamed tributary to the Beaver River. In conjunction with this approval, the Department is granting a 401 Water Quality Certification certifying that the approved activities will comply with the applicable provisions of section 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: March 28, 2017. Permit Issued: November 14, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
08100306 and NPDES PA0257451. Marcus Cole DBA Cole's Construction (P.O. Box 158, Nichols, NY 13812). Renewal for an existing NPDES on a large noncoal surface mine site located in Windham Township, Bradford County affecting 20.0 acres. Receiving stream(s): Unnamed Tributary to Wysox Creek and Unnamed Tributary to Trout Brook classified for the following use(s): CWF, MF. Application received: July 7, 2017. Permit issued: November 8, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 67000301C5 and NPDES Permit No. PA0224065. Pennsy Supply, Inc. d/b/a Oldcastle Industrial Minerals, (550 South Biesecker Road, Thomasville, PA 17364), renewal of NPDES permit for discharge of treated mine drainage in Jackson Township, York County, receiving stream: Little Conewago Creek. Application received: August 18, 2016. Renewal issued: November 13, 2017.
Permit No. 4874SM2C3 and NPDES Permit No. PA0123544. Pennsy Supply, Inc. d/b/a Oldcastle Industrial Minerals, (550 South Biesecker Road, Thomasville, PA 17364), renewal of NPDES permit for discharge of treated mine drainage in Jackson Township, York County, receiving stream: Little Conewago Creek. Application received: July 22, 2016. Renewal issued: November 13, 2017.
Permit No. 8074SM1C5 and NPDES Permit No. PA0013722. Glasgow, Inc., (P.O. Box 1089, Glenside, PA 19038), renewal of NPDES permit for discharge of treated mine drainage in Montgomery Township, Montgomery County, receiving stream: Park Creek. Application received: January 8, 2015. Renewal issued: November 16, 2017.
Permit No. 7473SM2A1C23 and NPDES Permit No. PA0118460. Hercules Cement Co., LP d/b/a Buzzi Unicem USA, (P.O. Box 69, Stockertown, PA 18083), renewal of NPDES permit for discharge of treated mine drainage in Upper Nazareth & Palmer Townships and Stockertown Borough, Northampton County, receiving stream: Bushkill Creek and Schoeneck Creek. Application received: December 22, 2014. Renewal issued: November 16, 2017.
Permit No. 7776SM1A3C9 and NPDES Permit No. PA0611883. Martin Stone Quarries, Inc., (1355 North Reading Avenue, Bechtelsville, PA 19505), renewal of NPDES permit for discharge of treated mine drainage in Colebrookdale Township and Bechtelsville Borough, Berks County, receiving stream: unnamed tributary to Swamp Creek. Application received: June 19, 2017. Renewal issued: November 16, 2017.
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.
53174001. Precision Geophysical, Inc. (2695 SR 83 South, Millersburg, OH 44654). Blasting for seismic exploration in Pike, Ulysses, Sweden, Allegany, Summit and Eulalia Townships, Potter County with an expiration date of November 5, 2018. Permit issued: November 15, 2017.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 22174105. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Creekvale Development in East Hanover Township, Dauphin County with an expiration date of October 30, 2018. Permit issued: November 3, 2017.
Permit No. 36174146. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Grace Press Warehouse in Earl Township, Lancaster County with an expiration date of December 30, 2017. Permit issued: November 3, 2017.
Permit No. 3514109. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for the Keystone Sanitary Landfill in Throop and Dunmore Boroughs, Lackawanna County with an expiration date of December 31, 2022. Permit issued: November 14, 2017.
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 Southeast Region: Waterway and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5900.
EA15-019. Chester County Conservation District, 688 Unionville Road, Suite 200, Kennett Square, PA 19348, Lower Oxford Township, Chester County, ACOE Baltimore District.
To perform the following water obstruction and encroachment activities along approximately 1,215 linear feet of one (1) unnamed tributary to Leech Run (Perennial, TSF, MF):
1. Installation of in-stream stabilization structures including rock cross vanes, toe willow fascines and root wads.
2. Streambank grading for the establishment of floodplain connectivity.
3. Installation of native riparian plantings for stabilization and enhancement efforts outside of the channel.
4. Reinforcement of existing livestock crossing.
5. Installation of temporary stream crossings.
The proposed project is located at 389 Street Road, Oxford, PA 19363 (Oxford, PA USGS Quadrangle, Latitude 39.813089 N"; Longitude -75.995232 W").
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E02-1771. Allegheny Land Trust, 416 Thorn Street, Sewickley, PA 15143, in Blawnox Borough, Allegheny County, U.S. Army Corps of Engineers, Pittsburgh District.
To construct and maintain a 13-foot tall by 14-foot wide metal-arch sculpture with concrete foundation on Sycamore Island at river mile 9 of the Allegheny River (WWF). The project is located approximately 1,200 feet east of the intersection of 1st Street and Cable Way (Braddock, PA Quadrangle, Latitude: 40° 29` 20.7"; Longitude: -79° 51` 31.7") in Blawnox Borough, Allegheny County.
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E01-319: Plenary Walsh Keystone Partners, 2000 Cliff Mine Road, Park West Two, 3rd Floor, Pittsburgh, PA 15275 in Huntington and Tyrone Townships, Adams County, U.S. Army Corps of Engineers Baltimore District.
To remove the existing structure and to install and maintain a single-span bridge with a span of 91.0 feet, an out-to-out width varying from 34.96 feet to 37.38 feet, and an underclearance of 4.77 feet, all over Bermudian Creek (WWF, MF, Wild Trout), temporarily impacting 0.072 acre of Exceptional Value (EV) Palustrine Emergent (PEM) wetland and 0.25 acre of floodway and permanently impacting 0.02 acre of EV PEM wetland, and 0.05 acre of floodway. All impacts are associated with the SR 1016 bridge replacement over Bermudian Creek (Latitude 40°00`13.0"; Longitude -77°11`32.2") for the purpose of improving safety standards.
Southwest Region: Waterways & Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, Dana Drake, Waterways and Wetlands Program Manager, 412-442-4000.
E03-471, Plenary Walsh Keystone Partners, 160 Technology Drive, Suite 102, Canonsburg, PA 15317, Burrell Township, Armstrong County, Pittsburgh ACOE District.
Has been given consent to:
1. Remove a structurally deficient 44-foot, single span, steel, I-beam bridge and replace it with a 59-foot, single span, spread box beam bridge over North Branch Cherry Run (CWF) and 107 linear feet of scour protection along North Branch Cherry Run;
2. Place and maintain fill within 0.01 acre of PEM wetland (aka Wetland W1);
3. Realign 50 linear feet of an Unnamed Tributary (UNT) to North Branch Cherry Run (aka Stream 2);
4. Construct temporary construction access within 0.04 acre of PEM wetland;
5. Construct temporary construction access across 542 linear feet of four (4) watercourses (North Branch Cherry Run (aka Stream 1)) and three UNTs to North Branch Cherry Run (aka Stream(s) 3, 4 and 5);
For the purpose of replacing a structurally deficient bridge over North Branch Cherry Run the project will cumulatively result in 157 linear feet of permanent stream impact, 0.01 acre of permanent wetland impact, 0.04 acre of temporary wetland impact and 542 linear feet of temporary stream impact. As mitigation for the stream impacts 50 LF of stream will be relocated and temporary impacts will be restored. The project is near the intersection of SR 2005 (aka Cherry Run Road) and Cherry Run Hill Road (Quadrangle: Whitesburg, Latitude: 40° 41` 19.1"; Longitude: -79° 25` 40") located near Burrell Township, Armstrong County.
E26-379, Plenary Walsh Keystone Partners, 160 Technology Drive, Suite 102, Canonsburg, PA 15317, Saltlick Township, Fayette County, Pittsburgh ACOE District.
Has been given consent to:
1. Remove an existing 22` long by 27` wide, single span, steel beam bridge over Champion Creek (CWF), with an underclearance of 5`3";
2. Construct and maintain a 22` long by 40.3` wide, single span, box culvert in Champion Creek (CWF), with a minimum underclearance of 5`0";
3. Construct and maintain R-6 riprap scour protection, choked with native streambed material on the upstream and downstream side of the aforementioned structure;
4. Place and maintain fill in 38 linear feet of an existing unnamed tributary to Champion Creek (aka UNT-2) (CWF), and to construct and maintain 34 linear feet of new, relocated channel;
5. Place and maintain fill in 63 linear feet of an existing unnamed tributary to Champion Creek (aka UNT-4) (CWF), and to construct and maintain 88 linear feet of new, relocated channel;
6. Place and maintain fill in 0.001 acre PSS wetland (W1) in the Champion Creek watershed (CWF);
7. Construct and maintain temporary construction access in UNT-1, UNT-2, UNT-3, and UNT-4 to Champion Creek (CWF);
For the purpose of replacing the existing structurally deficient structure over Champion Creek. This project will permanently impact approximately 68 linear feet of Champion Creek, 105 linear feet of UNT's to Champion Creek, and 0.001 acre (deminimus) of wetland in the Champion Creek watershed, and will temporarily impact 55 linear feet of Champion Creek, 116 linear feet of UNT's to Champion Creek, and 0.017 acre of wetland in the Champion Creek watershed. As mitigation for the stream impacts 150 LF of stream will be relocated and temporary impacts will be restored. The project is located at State Route 1050, approximately 0.2 mile from the intersection between State Route 1050 and State Route 2029, (Donegal USGS Topographic Quadrangle, Latitude: 40° 5` 13", Longitude: -79° 23` 35"; Sub-basin: 19E; Pittsburgh Corps District), in Saltlick Township, Fayette County.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA.
E4129-108: Anadarko E&P Onshore LLC, 33 West Third Street, Suite 200, Williamsport, PA 17701, Cascade Township, Lycoming County, ACOE Baltimore District.
To construct, operate, and maintain:
1) Two 16-foot long, 12-inch diameter culverts with associated fill impacting 198 square feet of palustrine emergent (PEM) wetlands (Bodines, PA Quadrangle 41°27`33"N 76°54`55"W);
2) A 32-foot long, 73-inch by 55-inch arch culvert with associated fill impacting 137 linear feet of Slacks Run (HQ-CWF) (Bodines, PA Quadrangle 41°27`34"N 76°54`55"W);
3) Fill over an existing culvert impacting 12 linear feet of an unnamed tributary to Slacks Run (HQ-CWF) (Bodines, PA Quadrangle 41°28`04"N 76°54`26"W);
4) A 30-foot long, 36-inch diameter culvert with associated fill impacting 145 linear feet of Slacks Run (HQ-CWF) (Bodines, PA Quadrangle 41°28`03"N 76°54`23"W);
5) Fill for a permanent access road impacting 2,959 square feet of flood way of an unnamed tributary to Slacks Run (HQ-CWF) (Bodines, PA Quadrangle 41°28` 01"N 76°54`23"W).
The project will result in a total of 294 linear feet of stream impacts, 0.01 acre of wetland impacts, and 0.07 acre of additional floodway impacts for the purpose of installing a permanent access roadway to a natural gas well site for Marcellus well development.
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-513FP: Center Township, 150 Henricks Road, Butler, PA 16001, NFIP Buyout—707 Oneida Valley Road, in Center Township, Butler County, ACOE Pittsburgh District (Mount Chestnut, PA Quadrangle N: 40.920042°; W: -79.879299°).
To remove existing structures on property within the 100-year flood plain of Connoquenessing Creek at 707 Oneida Valley Road, Butler, PA. Subject property is a FEMA NFIP buyout.
WATER QUALITY CERTIFICATIONS Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
WQ06-001, National Fuel Gas Supply Corporation (Applicant), 1100 State St., Erie, PA. YM28 and FM120 Modernization Project (Project), in Wetmore, Hamlin and Sergeant Townships, McKean County, Jones Township, Elk County, and Shippen Township, Cameron County, ACOE Pittsburgh District. The proposed project starts at 41.686186, -78.752681 Kane, PA Quadrangle N: 41°, 41`,10.271"; W: -78°,45`, 9.65" and ends at Wellendorf Storage Line (D6) Wildwood Fire Tower, PA Quadrangle N: 41°, 37`, 14.25"; W: -78°, 28`, 54.55"
On February 10, 2017, 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. CP17-74-000). The FERC Environmental Assessment for the Project, has not been issued as of the publication date, when available it may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP17-74-000).
On June 19, 2017, Applicant requested a State water quality certification from the Pennsylvania Department of Environmental Protection (PADEP), 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 McKean County portion of the project, as proposed, includes approximately 14.4 miles long, 12-inch pipeline (Line KL) for the purpose of transporting natural gas from Line K in Wetmore Township to an interconnect at Line FM120. The Project, as proposed, will require approximately 224 acres of earth disturbance, and impacts to of 2,542 linear feet of impacts to County Line Run and UNTs (HQ-WT), Doe Run and UNTs (HQ-WT), East Branch Clarion River (HQ-WT), Glad Run and UNTs (HQ-WT), Gum Boot Run (HQ-WT), Lanigan Brook and UNTs (EV-WT), Sevenmile Run and UNTs (HQ-WT), Sicily Run (CWF-WT), UNT to Buck Run (HQ-WT), UNT to Martin Run (HQ-WT), UNT to Windfall Run (CWF-WT), Warner Brook (HQ-WT), Wellendorf Branch (EV-WT), and West Branch Clarion River and UNTs, 5.45 acres of floodway, 4.38 acres of temporary impacts to Palustrine Emergent (PEM), Palustrine Forested (PFO) and Palustrine Unconsolidated Bottom (PUB) wetland(s) and 0.19 acre of permanent impacts to Palustrine Forested wetland(s).
The Elk County portion of the project, as proposed includes approximately 0.30 mile of six-inch diameter 1,500 FlexSteel pipe into an existing 12-inch pipeline. It also includes a producer station abandonment. The project as proposed will require a total of approximately 224 acres of earth disturbance, no impacts to streams are proposed as part of the project, approximately 0.512 acre of Palustrine Emergent Wetland (PEM) will be temporarily impacted, no permanent impacts are proposed.
The Cameron County portion of the project, as proposed includes a producer station abandonment, drip removal and a cut and cap location on an existing pipeline. As proposed there are no aquatic impacts associated with this portion of the project.
PADEP published notice of its proposed State water quality certification in the Pennsylvania Bulletin on September 16, 2017 (Pennsylvania Bulletin, Vol. 47, No. 31, Page 5-6).
PADEP 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 PADEP 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 PADEP'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 PADEP 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—PADEP 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 PADEP 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 PADEP 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 PADEP Regional Office of such intent. Notice to PADEP 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 PADEP concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Northwest Regional Office, Lori Boughton, 230 Chestnut Street, Meadville, PA 16335.
9. Reservation of Rights—PADEP 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. PADEP 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.
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESG17-125-0026
Applicant Name MarkWest Liberty Midstream & Re-
sources, LLC
Contact Person Rick Lowry
Address 4600 J. Barry Court, Suite 500
City, State, Zip Canonsburg, PA 15317
County Washington County
Township(s) Blaine Township
Receiving Stream(s) and Classification(s) UNTs to Buffalo Creek (HQ-WWF) & Brush Run (HQ-WWF)ESCGP-2 # ESX17-129-0014
Applicant Name XPR Resources, LLC
Contact Person Rick Lowry
Address 6000 Town Center Boulevard, Suite 210
City, State, Zip Canonsburg, PA 15317
County Westmoreland County
Township(s) Derry Township
Receiving Stream(s) and Classification(s) UNTs to Buffalo Creek (HQ-WWF) & Brush Run (HQ-WWF)ESCGP-2 # ESX13-005-0025 Modification
Applicant Name Pine Run Midstream, LLC
Contact Person Scott Sweder
Address Park Place One, Suite 400, Commerce Drive
City, State, Zip Pittsburgh, PA 15275
County Armstrong County
Township(s) West Franklin Township
Receiving Stream(s) and Classification(s) UNT to Buffalo Creek (HQ-TSF)ESCGP-2 # ESX12-059-0030 Renewal
Applicant Name EQT Production Company
Contact Person Todd Klaner
Address 2400 Ansys Drive, Suite 200
City, State, Zip Canonsburg, PA 15317
County Greene County
Township(s) Washington Township
Receiving Stream(s) and Classification(s) UNTs to Ruff Creek (WWF)Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-115-17-0035
Applicant Name Cabot Oil & Gas Corp
Contact Person Kenneth Marcum
Address 2000 Park Lane, Suite 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Springville
Receiving Stream(s) and Classification(s) Thomas Ck (CWF-MF) and UNTs theretoESCGP-2 # ESG29-113-17-0005
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Rd
City, State, Zip Montoursville, PA 17754
County Sullivan
Township(s) Cherry
Receiving Stream(s) and Classification(s) Birch Ck (EV)ESCGP-2 # ESX13-113-0004(01)
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Rd
City, State, Zip Montoursville, PA 17754
County Sullivan
Township(s) Elkland
Receiving Stream(s) and Classification(s) Mill Ck (EV); Blackwater Run (HQ-CWF)ESCGP-2 # ESX29-015-17-0033
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Rd
City, State, Zip Montoursville, PA 17754
County Bradford
Township(s) W Burlington
Receiving Stream(s) and Classification(s) UNT to Sugar Ck (TSF, MF)
Secondary—Sugar CkESCGP-2 # ESX29-115-17-0031
Applicant Name SWN Production Co LLC
Contact Person Nicki Atkinson
Address 917 State Rte 92 N
City, State, Zip Tunkhannock, PA 18657
County Susquehanna
Township(s) Silver Lake
Receiving Stream(s) and Classification(s) UNT to Snake Ck (CWF-MF)ESCGP-2 # ESX29-115-17-0032
Applicant Name Williams Field Services Co LLC
Contact Person Kristy Grigas
Address Park Place Corporate Ctr, 2000 Commerce Drive
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Brooklyn
Receiving Stream(s) and Classification(s) Dry Ck (CWF-
MF)
STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P.S. §§ 6021.304, 6021.504, 6021.1101—6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, PO Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name &
AddressCounty Municipality Tank
TypeTank
Capacity17-41-008 HRI, Inc.
1750 West College Avenue
State College, PA 16801-2719
Attn: Mary Jo Miller
Lycoming Muncy Township 2 ASTs storing diesel fuel 24,000 gallons total
SPECIAL NOTICES
Water Quality Certification
2017 Expansion Project; Eastern Shore Natural Gas Company; FERC Doc. No. CP17-28-000;
DEP EA 15-017Southeast Region: Waterways and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5900.
EA15-017—On December 30, 2016, Eastern Shore Natural Gas Company (ESNG) filed an application with the Federal Energy Regulatory Commission (FERC) in Docket No. CP17-28-000 under Section 7(c) of the Natural Gas Act (NGA) seeking a Certificate of Public Convenience and Necessity (Certificate) to authorizing ESNG to own, construct, operate, and maintain the 2017 Expansion Project located in Pennsylvania and other states. The proposed facilities would consist of seven segments of buried natural gas pipeline totaling approximately 39.6 miles with miscellaneous appurtenances. The portion of the project within Pennsylvania includes construction in West Sadsbury, Highland, Londonderry, Penn, New London and Franklin Townships, Chester County.
The proposed project consists of three sections referred to as the Parkesburg Loop, the Jennersville Loop and the Fair Hill Loop.
The Parkesburg Loop starts at Parkesburg, PA, Quadrangle N: 39°57`46.23", W: 75°56`25.77" and ends at Parkesburg, PA, Quadrangle N: 39°54`9.81", W: 75°54` 41.49". The Parkesburg Loop includes approximately 4.5 miles of 16" pipeline from an existing metering and regulator station along Cemetery Road southeast to tie-in to an existing pipeline east of Limestone Road (PA-10). The proposed Parkesburg Loop includes approximately 74.67 acres of earth disturbance; and impacts to 278 linear feet of Valley Creek and its unnamed tributaries, listed as Cold Water Fishery (CWF), 507 linear feet of Knight Run and its unnamed tributaries, listed as Trout Stocking Fishery (TSF), 2.07 acres of floodway, 0.09 acre of temporary Palustrine Emergent (PEM) wetland impacts, and 0.02 acre of permanent PEM wetland impacts.
The Jennersville Loop starts at Oxford, PA, Quadrangle N: 39°51`34.60", W: 75°53`24.37" and ends at West Grove, PA, Quadrangle N: 39°46`15.09", W: 75°50`46.74". The Jennersville Loop includes approximately 7.3 miles of 24" pipeline from the existing Daleville Compressor Station southeast to tie-in to existing pipeline near the intersection of Hess Mill Road and Windgate Road. Work also includes upgrades to the existing Daleville Compressor Station. The proposed Jennersville Loop and upgrades to the existing Daleville Compressor Station includes approximately 93.44 acres of earth disturbance; and impacts to 989 linear feet of unnamed tributaries of East Branch Big Elk Creek, listed as TSF, 634 linear feet of West Branch White Clay Creek and its unnamed tributaries, listed as TSF, 4.58 acres of floodway, 1.30 acre of temporary PEM wetland impacts, 0.02 acre of temporary Palustrine Forested (PFO) wetland impacts, 0.02 acre of temporary Palustrine Scrub-Shrub (PSS) wetland impacts, 0.11 acre of permanent PEM wetland impacts, and 0.0001 acre of permanent PFO wetland impacts.
The Fair Hill Loop starts at Newark West, DE-MD-PA, Quadrangle N: 39°44`32.78", W: 75°49`51.66" and ends at Newark West, DE-MD-PA, Quadrangle N: 39°43`19.78", W: 75°49`1.61". The Fair Hill Loop includes approximately 1.7 mile of 24" pipeline from an existing valve cluster near Walker Road and continues south to the Maryland State Border. The proposed Fair Hill Loop includes approximately 21.93 acres of earth disturbance; and impacts to 114 linear feet of unnamed tributaries of Big Elk Creek, listed High Quality Trout Stocking Fishery (HQ-TSF), 0.39 acre of floodway, 0.17 acre of temporary PEM wetland impacts, and 0.01 acre of permanent PEM wetland impacts.
The proposed project will result in temporary impacts to 2,804 linear feet of streams, permanent impacts to 228 linear feet of streams, temporary impacts to 1.60 acre of nontidal wetlands, and permanent impacts to 0.14 acre of nontidal wetlands.
On August 1, 2016, FERC filed a Notice of Intent to prepare an Environmental Assessment. The Environmental Assessment prepared by FERC may be viewed on FERC's website at www.ferc.gov under the Docket No. CP17-28-000.
The Department of Environmental Protection (Department) certifies that the construction, operation, and maintenance of the Project complies with the applicable provisions of Sections 301—303, 306, and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317).
The Department further certifies that the construction, operation, and maintenance of the projects complies with Commonwealth water quality standards and that the construction, operation, and maintenance of the projects does not violate applicable Commonwealth water quality standards provided that the construction, operation, and maintenance of the projects complies with the conditions for this certification, including the criteria and conditions of the following:
1. Discharge Permit—ESNG 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 (including 25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—ESNG shall comply with its Chapter 102 ESCGP-2 Permits, Nos.: ESG00029170001 (Fair Hill Loop); ESG00029170002 (Parkesburg Loop); ESG00029170003 (Jennersville Loop); and ESG00029170004 (Daleville Compressor Station), 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 (including 25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permit—ESNG shall comply with its Chapter 105 Water Obstruction and Encroachment Permits, Nos. E15-883 and E15-891, 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. §§ 693.1—693.27), Flood Plain Management Act (32 P.S. §§ 679.101—679.601), and all applicable implementing regulations (including 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 or construction process that may be employed by ESNG.
5. Operation—For each Project under this Certification, ESNG 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 Certification and all required permits 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 ESNG.
6. Inspection—The Project, including all relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this Certification, including all required permits and approvals, Pennsylvania's Water Quality Standards, and the conditions of this Certification. A copy of this Certification shall be available for inspection by the Department during such inspections of the Project.
7. Transfer of Project—If ESNG intends to transfer any legal or equitable interest in the Project which is subject to this Certification, ESNG shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least 30 days prior to the contemplated transfer and shall simultaneously inform the Department Southeast 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 Certification shall be addressed to the Department of Environmental Protection, Southeast Regional Office, Domenic Rocco, P.E., Waterways and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401.
7. Reservation of Rights—The Department may suspend or revoke this Certification if it determines that ESNG has not complied with the terms or conditions of this Certification. The Department may require additional measures to achieve compliance with applicable law, subject to ESNG's applicable procedural and substantive rights.
8. Other Laws—Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve ESNG from any responsibilities, liabilities or penalties established pursuant to any applicable Federal or State law or regulation.
9. Severability—The provisions of this 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.
[Pa.B. Doc. No. 17-1976. Filed for public inspection December 1, 2017, 9:00 a.m.]
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