PN 19-48 NAB-2018-02380 (Lightcap Well Line) Bradford County, Pennsylvania

Published July 31, 2019
Expiration date: 8/30/2019

                   Public Notice 
U.S. Army Corps             In Reply to Application Number
of Engineers                    NAB-2018-02380-P30 (Lightcap Well Line)
Baltimore District                     

PN  19-48                    Comment Period:                  July 31, 2019 to August 30, 2019  

This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:

APPLICANT:  Scott Kinter
                        Appalachia Midstream Services, LLC
                        400 IST Center, Suite 404
                        Horseheads, New York 14845

WATERWAY AND LOCATION OF THE PROPOSED WORK: Project occured in wetlands that are part of the Mill Creek watershed, which is the closest named water to the project.  The project is located near 661 Morris Road, New Albany, Pennsylvania 18833 (41.574704, -76.586937).

PROPOSED WORK AND PURPOSE:  The Lightcap 6 inch Natural Gas Well Line begins approximately 900 feet south of Township Road 809/Baileys Road and 1,800 feet west of Township Road 808/Morris Road in Overton Township, Bradford County, Pennsylvania. The pipeline then continues south approximately 2,673 feet and terminates 2,650 feet west of Morris Road. The 6 inch diameter natural gas well line is located within a permanent 75 foot wide cleared right-of-way. The original project area was approximately 5.30 acres and consisted primarily of agricultural fields and woodlands. After the completion of the original construction, all disturbed areas were stabilized and seeded upon construction completion. The after-the-fact permit is to authorize the placement of dredged and/or fill material within 1.46 acres of palustrine scrub shrub (PSS) wetland.  The impacts include the construction of a 6 inch well line, clearing and grubbing of area, temporary access roads and backfilling the trench along with maintaining a 10 foot wide permanent access area above the pipe.  This permanently maintained right-of-way (ROW) resulted in 0.19 acre of permanent conversion from PSS wetland to palustrine emergent (PEM) wetlands.  Additionally, grubbing of the 75 foot wide ROW and temporary access roads resulted in an additional 1.27 acres of unauthorized impacts to PSS wetlands.  The 1.27 acre area resulted in temporary conversion impacts and in a temporal loss of PSS habitat.  The applicant’s mitigation statement to off-set permanent and temporary conversion impacts is to conduct native shrub plantings on-site within the 1.27 acre ROW area that was grubbed to off-set temporal losses as a result of the unauthorized activity.  Additionally, the 0.19 acre of permanent conversion from PSS to PEM wetlands is proposed to be mitigated off-site at a 1.5:1 ratio (0.29 acre) at the existing Elk East Mitigation Site located in Elkland Township, Sullivan County, Pennsylvania by conducting enhancement plantings in an existing PEM wetland.

All work was completed in accordance with the enclosed plan(s). 

The decision whether to issue a permit will be based on an evaluation of the probable impacts, 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 reasonable may be expected to accrue from the proposal, 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, economic, aesthetics, general environmental concerns, wetlands, cultural values, 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, and consideration 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 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 pursuant to the National Environmental Policy Act.  Comments provided will become part of the public record for this action.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.  Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, (710 Ives Run Lane Tioga, Pennsylvania 16946) within the comment period specified above.

WATER QUALITY CERTIFICATION:  The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Pennsylvania Department of Environmental Protection.  The Section 401 certifying agency has a statutory limit of one year from the date of this public notice to make its decision.

The applicant must obtain any State or local government permits which may be required.

A preliminary review of this application indicates that the proposed work will not affect Federal listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended.  As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.

Review of the latest published version of the National Register of Historic Places indicates that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work.  Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the request permit.

The evaluation of the impact of this project on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act. 

Any person who has an interest which may be adversely affected by the issuance of this permit may request a public hearing.  The request, which must be in writing, must be received by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, (710 Ives Run Lane Tioga, Pennsylvania 16946), within the comment period as specified above to receive consideration.  Also it must clearly set forth the interest which may be adversely affected by this activity and the manner in which the interest may be adversely affected.

It is requested that you communicate this information concerning the proposed work to any persons know by you to be interested and not being known to this office, who did not receive a copy of this notice.

If you have any questions concerning this matter, please contact Mr. Shawn Gill, at (570)-835-4263, 710 Ives Run Lane Tioga, Pennsylvania 16946.

This public notice is issued by the Chief, Regulatory Branch.