public notice - united states army corps of engineers · sites associated with the project in a...

Public Notice

U.S. Army Corps of Engineers Pittsburgh District

In Reply Refer to Notice No. below

US Army Corps of Engineers, Pittsburgh District 1000 Liberty Avenue Pittsburgh, PA 15222-4186

Application No. LRP-2009-477 Date: May 4, 2015 Notice No. 15-10 Closing Date: June 4, 2015 1. TO ALL WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army Permit under the provisions of Section 404 of the Clean Water Act. 2. APPLICANT: Mr. Doug Conklin

General Manager – Emerald Mine Emerald Coal Resources, L.P. P.O. Box 1020 158 Portal Road Waynesburg, Pennsylvania 15370

3. LOCATION: The proposed project is located due south of two existing refuse areas and approximately 1.5 miles southwest of the City of Waynesburg (39.877856° N, -80.209797° W), in Franklin Township, Greene County, Pennsylvania. 4. PURPOSE AND DESCRIPTION OF WORK: The applicant proposes to construct the Emerald Refuse Area No. 3; a new combined coarse coal refuse and slurry impoundment. This new refuse area is being proposed to accommodate the combined refuse from Emerald’s existing mine operations. Components of this project include: development of the refuse area access roads, installation of sediment traps/basins, construction of the staged refuse area embankment and associated conveyors and facilities. This proposed new combined coarse coal refuse and slurry impoundment will be approximately 250 acres in size and will be located adjacent to and south of the existing Emerald Mine Coal Refuse Disposal Area No. 2. The projected unavoidable permanent impacts to Waters of the United States as a result of this proposed project will total 14,035 linear feet of stream and 0.448 acres of wetland. Permanent stream impacts will include 6,941 linear feet (LF) of perennial, 6,150 LF of intermittent and 944 LF of ephemeral stream. Permanent wetlands impacts will total 0.448 acres of jurisdictional palustrine emergent (PEM) wetland. All stream impacts will occur in unnamed tributaries of Smith Creek (a tributary of the South Fork of Tenmile Creek). The applicant proposes to construct “Permittee-Responsible”, in-kind stream and wetland mitigation within the same, watershed and receiving stream (Smith Creek) as the proposed impacts (UNTs to Smith Creek). Proposed mitigation will occur in the upper portions of the receiving stream (Smith Creek) watershed, to the south, along both the main stem of Smith Creek and along several, unnamed perennial and intermittent tributaries of Smith Creek.

CELRP-OP-F Public Notice No. 15-10

2

Compensatory Mitigation measures will include the following:

1) The creation of two (2) or more wetland cells totaling approximately 0.90 acre of combined PEM (0.60 ac), PSS (0.15 ac) and PFO (0.15 ac) wetland habitat. (Note: 0.488 acres of mitigation is required for WOUS wetland impacts (0.488 acre). Additional wetland creation (approximately 0.452 acres) is proposed to address PADEP wetland mitigation requirements.). The applicant proposes creation of higher functioning, enhanced wetland classes (PSS, PFO) to increase wetland diversity. 2) The restoration of approximately 19,500 LF of perennial and 500 LF of intermittent stream along the main stem and unnamed tributaries of Smith Creek which will include bank stabilization, installation and increases in aquatic habitats, enhancement and added diversity of flow regimes, installation and enhancement of forest/shrub riparian vegetation, conservation easements and protective fencing.

Name Classification Amount Units Name Classification Type Amount UnitsUNTs to Smith Creek PER 6,941 LF Smith Creek and UNTs PER Restoration 19,500 LF

INT 6,150 LF INT Restoration 500 LFEPH 944 LF

Wetlands PEM 0.448 ac Wetland Mitigation Area (2 cells) PEM Creation 0.60 acPSS 0.000 ac PSS Creation 0.15 acPFO 0.000 ac PFO Creation 0.15 ac

Streams 14,035 LF Streams 20,000 LFWetlands 0.448 Acre Wetlands 0.90 Acre

WOUS Impacts Proposed Mitigation

Impacts Total Mitigation Total

Public Notice Table No. 1 - Emerald No. 3 Water of the United States Impacts/Mitigation

Drawings of the proposed project, and compensatory wetland and stream mitigation projects are attached to this notice. The stream mitigation areas depicted represent approximately 24,000 LF of stream length of which the applicant proposes to restore 20,000 LF pending completion of landowner negotiations. 5. ENCROACHMENT PERMIT: The applicant must obtain a Water Obstruction and Encroachment Permit which includes 401 Water Quality Certification from the: Pennsylvania Department of Environmental Protection California District Office 25 Technology Drive California Technology Park Coal Center, PA 15423 Telephone: 724-769-1100


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6. IMPACT ON NATURAL RESOURCES: The District Engineer has consulted the most recently available information, has run the PNDI search tool (PNDI #20150303488246), and has determined that the project will have no effect on endangered species or threatened species, or result in destruction or adverse modification of habitat of such species which has been determined to be critical. While concurrence with this determination is not required, this Public Notice serves as a request to the U.S. Fish and Wildlife Service for any additional information they may have on whether any listed or proposed to be listed endangered or threatened species may be present in the area which would be affected by the activity, pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). 7. IMPACT ON CULTURAL RESOURCES: The applicant has consulted with the Pennsylvania Historical and Museum Commission (PHMC) and has received concurrence on a Phase I archaeological survey conducted for the proposed refuse area in a letter dated 20 October, 2011 (File No. ER# 1984-0342-059-A07) and for preliminary clearance for stream mitigation sites associated with the project in a letter dated September 14, 2012 (File No. ER 1984-0342-059-A07). This public notice serves as a request to the PHMC to further consult on the areas in this notice labeled as “mitigation areas” along Smith Creek. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archeological, scientific, prehistorical, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation Act of 1966 - Public Law 89-665 as amended (including Public Law 96-515). 8. PUBLIC INVOLVEMENT: Any person may request, in writing, within the comment period specified in the paragraph below entitled "RESPONSES," that a public hearing be held to consider this application. The requests for public hearing shall state, with particularity, the reasons for holding a public hearing. 9. EVALUATION: Interested parties are invited to state any objections they may have to the proposed work. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposals must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to


4

issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act. Comments are also used to determine the overall public interest of the proposed activity. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under the authority of Section 404(b) of the Clean Water Act (40 CFR Part 230). 10. RESPONSES: A permit will be granted unless its issuance is found to be contrary to the public interest. Written statements concerning the proposed activity should be received in this office on or before the closing date of this Public Notice in order to become a part of the record and to be considered in the final determination. Any objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested DA Permit. All responses to this notice should be directed to the Regulatory Branch, attn Josh Shaffer at the above address, by telephoning (412) 395-7121, or by e-mail at [email protected]. Please refer to CELRP-OP-F 2009-477 in all responses. FOR THE DISTRICT ENGINEER: // SIGNED // Karen A. Kochenbach Chief, Southern Section Regulatory Branch

mailto:[email protected]

KIRBY RD

FOLY

RD

SMI T

H CR

EEK

RD

MAPLE RUN RD

STEWART RUN RD

WH I TE B A R N R D

OAK FOREST RD

WHITES R IDGE RD

HO Y H I LL R D

SUGAR RUN RD

BL U F F R I D G E RD

RANDY HOGE RD

STAT T L E R R D

HIGGIN

S RD

HIGGINS LN

SA LT ER PAT H LN

WOO D SI D E R D

WI L LA R D R DRUDOLP

H RUN R

D

WAT

ER S

T

40461

40604

40607

40592

40484

41261

40482

41299

40485

4060

5

40481

40479

40489

40478

40488

41178

40477 41280

41301

40483

41279

4048

0

4048

7

41281

40486

40608 40490

41303

40484-

R1

40607-L4

40461-L2

40604-L3

4060

4-R6

40606

40604-L6

40607-L6

41301-L5

40489-L2

40461-L1

41301-L1

40604-L4

40605-R1

40592-L14

40604-L2

40607-R5

40604-R7

40607-L3

40607-L7

40484-L1

41299-L7

41299-R5

40487-L1

40489-L1

40604-

R1

40607-R3

4130

1-L6

40484-R2

40605-L2

40605-L1

40484-

L3

40607-R7

41625-L1

40607-R4

40608-L1

40487-R4

4060

4-L1

40604-L5

40489-L2g

40486-R1

4130

1-R7

41299-L3

40477-L240607-R6a

4048

4

File path goes here.

Source Data:1. 7 .5 Minute Topographic DRG, Oak Forest, PA. U.S. Geolog ical Survey, 1996.2. Mi t igation Boundary Polygons, WPI 2011-2015.Projection: Lambert Conformal ConicDatum: NAD27Coordinate System: PA State Plane South (Feet)

Z:\P ro jec ts \10471 E mera ld Re fuse #3\ GIS \MX D \4 .9. 2015 S tream and Wetland Mi t iga t ion Loca t ion - P ub li c No t ice S hee t 1 .m xd

®PreparedFor:

Project:

WALLACE & PANCHER, INC.160 TECHNOLOGY DRIVE, STE. 102CANONSBURG, PA 15317

ENGINEERING AND ENVIRONMENTAL CONSULTING

Stream Mitigation and Wetland Mitigation Areas ForEmerald Refuse #3Franklin TownshipGreene County, PA

Date: 4/9/2015

Figure

2aDrawn: LASChecked: CJWReviewed: CJWProject No.: 10471

PHONE: (724) 551-1240FAX: (724) 551-1279

158 Portal RoadWaynesburg, PA 15370

1 inch = 2,000 feet

Alpha Natural Resources

MATCHLINE TO FIGURE 2b

Wetland Mitigation

0 2,000Feet

LegendStream Mitigation AreasWetland Mitigation AreasStreams

Wetland Mitigation

Note: Stream Mitigation areas depict ~24,000 LF of stream of which 20,000 LF is proposed for restoration.

Final extent to be determined.

40461

4059

2

40472

40450

40467

40468

4047

0

40605

40601

40594

41261

40471

4127940478

40593

40476

40445

40466

40439

40477

4043

2

40481404

74

41280

4048

040482

40469 4047

3404

65

40440

40293

40597

40591

40446

40451

4047

5

40595

40604

41281

40479

40444

40461-R1

40463

40441

40461-L1

40450-L2

40474-R1

40473-L3

40605-R140603

40598

40467-

R4

40596

4047

2-R1

40474-L1

40461-R2

40466-R2

4046

7-R1

4046

7-L3

4047

4-R2

40472-L2

40451-R1

40450-R1

4046

7-L1

40602

40450-R3

40605-L2

4046

7-L4

40605-L1

40461-R6

4046

7-L5

40450-L1

4046

7-R7

40472-L1

40477-L5

40461-R21

4046

7-R5

40474-R1a

40450-

R2

4047

8-L4

40477-L2

40474-L2

SUGAR RUN R

D

OAK FOREST RD

SMIT

H CR

EEK

RD

WH ITES R IDGE RD

OR N D OR FF R D

POR TA L R D

SY H U FFM A N H I L L

HOY HI LL R

D

PO L I C Z R D

GREENHOUSE RD

RA N D Y H OG E R D

CA B IN R D

HI G G I N S L N

HORSESHOE LN

WOO D SI D E R D

MA RY H O GE R D


Source Data:1. 7 .5 Minute Topographic DRG, Oak Forest, PA. U.S. Geolog ical Survey, 1996.2. Mi t igation Boundary Polygons, WPI 2011-2015.Projection: Lambert Conformal ConicDatum: NAD27Coordinate System: PA State Plane South (Feet)

Z:\P ro jec ts \10471 E mera ld Re fuse #3\ GIS \MX D \4 .9. 2015 S tream and Wetland Mi t iga t ion Loca t ion - P ub li c No t ice S hee t 2 .m xd

®PreparedFor:

Project:

WALLACE & PANCHER, INC.160 TECHNOLOGY DRIVE, STE.102CANONSBURG, PA 15317



Date: 4/9/2015

Figure

2bDrawn: LASChecked: CJWReviewed: CJWProject No.: 10471

PHONE: (724) 551-1240FAX: (724) 551-1279


1 inch = 2,000 feet


MATCH LINE TO FIGURE 2a

Emerald Refuse No. 3Permit Boundary

0 2,000Feet Note: Stream Mitigation areas depict ~24,000 LF of

stream of which 20,000 LF is proposed for restoration. Final extent to be determined.

Legend

StreamsStream Mitigation Areas

40461

40293

40592

4043241261

40604

40450

40607

41178

40433

40472

41299

41276

40484

40467

41300

41271

40468

40442

4130

1

404704048

2

40485

40605

4164

2

4060

1

41645

40594

40481

41279

40479

40471

40583

41308

40489

4047

8

40488

4044

5

41275

40593

41625

40476

40466

40439

40584

4047

7

4130

3

40474

40437

41280

4048

3

41307

40480

40443

4046

9

40487

40473

41644

40434

41292

4043

6

40465

40453

40444

41281

40435

40486

41278

40440

4059

7

4127

7

40438

40591

41178-L4

40490

41650

40585

40446

4045

1

4045240475

41649

40491

40484-R1

41274

4059

5

40461-L2

40492

41642-L6

4060

4-L3

40463

40450-L4

40604-R6

40461-R1

41271-R1

40441

40462

40606

40604-L6

40607-R2

41625-L1

4127

2

40431

41301-L5

4046

1-L1

4045

0-L2

41301-L1

4060

4-L4

UNT to 41299

4130

0-L8

40604-L2

40467-R4

40461-R25

41300-L6

41292 L4

41300-L7

40484-L1

41178-L2

41299-L7

40472-R1

40489-L1

40607-R6

4046

1-R2

40466-R2

40604-R1

40607-R3

40467-R1

40472-

L2

40467-L1

40450-R3

40484-R2

4060

5-L2

4060

5-L1

41178-L5

40461-R6

4130

0-L10

41645-L1

40467-L5

40472-L1

4117

8

4129

240461-L1

41299


Source Data:1. 7 .5 Minute Topographic DRG, Oak Forest, PA. U.S. Geolog ical Survey, 1996.

Projection: Lambert Conformal ConicDatum: NAD27Coordinate System: PA State Plane South (Feet)

Z:\P ro jec ts \10471 E mera ld Re fuse #3\ GIS \MX D \4 .9. 2015 S tream and Wetland Mi t iga t ion Loca t ion - P ub li c No t ice O vera l l . mxd

PreparedFor:

Project:

WALLACE & PANCHER, INC.160 TECHNOLOGY DRIVE, STE.102CANONSBURG, PA 15317


Date: 4/9/2015

Figure

2Drawn: LASChecked: CJWReviewed: CJWProject No.: 10471

PHONE: (724) 551-1240FAX: (724) 551-1279


1 inch = 3,500 feet


Emerald Refuse No. 3Permit Boundary

®


LegendStream Mitigation Areas

Wetland Mitigation Areas

Streams

2a 2b

0 3,500Feet

Matchline

Note: Stream Mitigation areas depict ~24,000 LF of stream of which 20,000 LF is proposed for restoration.

Final extent to be determined.

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