Public Notice PN... · 2020-04-17 · CELRP-RG Public Notice No. 20-9 3 detriments. All factors...

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-2020-127 Date: April 16, 2020 Notice No. 20-9 Closing Date: May 17, 2020 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: Rosebud Mining Company c/o John St. Clair 301 Market Street Kittanning, PA 16201

3. LOCATION: The proposed Miller Hollow Refuse Site is located in unnamed tributaries to Dutch Run and adjacent wetlands along Dutch Run Road in Plumcreek Township, Armstrong County and Armstrong Township, Indiana County, Pennsylvania (40.6977, -79.2991). 4. PURPOSE AND DESCRIPTION OF WORK: The applicant proposes to develop a new coal refuse disposal site (Miller Hollow Refuse Site). The proposed Miller Hollow disposal site would be contiguous to the Dutch Run Preparation Plant (CMAP No. 03851601) and adjacent to the active Coal Refuse Disposal Area (CRDA) No. 2. (CMAP No. 03870701). The project as proposed would permanently impact 5,523 linear feet of eight unnamed tributaries to Dutch Run and 4.04 acres of wetland (3.84 acres PEM and 0.17 acre PSS). The impacts, as proposed, would result from construction of sedimentation ponds, site preparation, and refuse placement (see attached). Mitigation for the unavoidable impacts would consist of permittee-responsible stream and wetland mitigation. Streambank stabilization work is proposed along 2,100 linear feet of Crooked Creek. Overall, the applicant proposes 5.40 acres of in-stream restoration, 4.72 acres of wetland creation, and 4.43 acres of wetland preservation. The proposed stream mitigation area is located off-site in Armstrong Township, Indiana County, Pennsylvania, approximately 6.5 miles from the refuse site. Wetland creation and preservation are proposed on-site, adjacent to the project area in the Dutch Run floodplain.

CELRP-RG Public Notice No. 20-9

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5. ENCROACHMENT PERMIT: The applicant may be required to obtain a Water Obstruction and Encroachment Permit which includes 401 Water Quality Certification from the: Pennsylvania Department of Environmental Protection California District Mining Office 25 Technology Drive California Technology Park Coal Center, PA 15423 Telephone: 724-769-1100 6. IMPACT ON NATURAL RESOURCES: The District Engineer has consulted the most recently available information and has determined that the project may affect, but is not likely to adversely affect endangered species or threatened species, or result in destruction or adverse modification of habitat of such species which has been determined to be critical. 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). If the U.S. Fish and Wildlife Service concurs with the may affect, not likely to adversely affect determination please respond with written concurrence. 7. IMPACT ON CULTURAL RESOURCES: The National Register of Historic Places has been consulted, and it has been determined that there are no properties currently listed on the register which would be directly affected by the proposed work. 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

CELRP-RG Public Notice No. 20-9

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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 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 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 Division, attn. Kristina M. Tarasan, by telephoning (412) 395-7153, or by e-mail at [email protected]. Please refer to CELRP-RG LRP-2020-127 in all responses. FOR THE DISTRICT ENGINEER: //SIGNED// By Tyler J. Bintrim for: Scott A. Hans Chief, Regulatory Division

www.cecinc.com

333 Baldwin Road - Pittsburgh, PA 15205-9072412-429-2324 800-365-2324

DRAWN BY:

DATE:

APPROVED BY:

PROJECT NO:

FIGURE NO: 5-1

ROSEBUD MINING COMPANYMILLER HOLLOW REFUSE SITE

ARMSTRONG AND INDIANA COUNTIES, PA

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PROPOSED PERMIT AREA

EXISTING DUTCH RUN PERMIT AREA

USGS TOPOGRAPHIC MAP/ ARCGIS MAP SERVICEACCESSED 1/29/2020

* Hand signature on file

NORTH!a

A

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78 6 5 4 3 2 1

178 6 5 4 3 2

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#*#*

#*

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#* #*

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Spring 4

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Dutch Run

TS-GG

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Unnamed Trib 2

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Spring 7

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Spring 3

TS-I

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TS-J

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TS-D

TS-A

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TS-M

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TS-UB

TS-UJ

TS-UF

TS-UA

TS-UE

TS-UD

TS-AA

TS-UH

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TS-UL

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Wetland-A

Wetland-G

Wetland-B

Wetland-H

Wetland-A

Wetland-K

Wetland-D

Wetland-L

Wetland-M

Wetland-J

Wetland-C

Wetland-E

Wetland-G

Wetland-I

Wetland-B

Wetland-H

Wetland-F

Wetland-I

Wetland-I

T381

Dutch Run Rd

T358

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Chestnut Flat Rd

T343

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Civil & Environmental Consultants, Inc.www.cecinc.com

333 Baldwin Road - Pittsburgh, PA 15205-9072Ph: 412.429.2324 - 800.365.2324 - Fax: 412.429.2114

DRAWN BY:

DATE:

CHECKED BY:

SCALE:

APPROVED BY:

PROJECT NO:

FIGURE NO:1 " = 200 '

DELINEATION MAP


LEGEND

STUDY BOUNDARY

PERMIT BOUNDARY

PERENNIAL STREAM

INTERMITTENT STREAM

POND DRAINAGE

NO CHANNEL

#* TEST SITE

PEM WETLAND

PSS WETLAND

POND

WETLAND OPEN BOUNDARY

ROAD

ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:ACCESSED 11/20/2019.

PA DEPARTMENT OF ENVIRONMENTAL PROTECTION305B STREAM DATA, 2004.

REFERENCE

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NOTESWETLAND DELINEATION PERFORMED BY CECGROUP ON OCTOBER 28 & 31, 2019.

STREAM DELINEATION PERFORMED BY CIVIL &ENVIRONMENTAL CONSULTANTS, INC. ON MAY 10 & 11, 2018.

STREAM BASE MAPPING PROVIDED BY ROSEBUD MINING COMPANYON MAY 1, 2018.

A

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178 6 5 4 3 2

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Dutch Run

Spring 1

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Outfall#002

Unnamed Trib 1

Unnamed Trib 1

Unnamed Trib 2

Spring 5

Unnamed Trib 1

Spring 2

Unnamed Trib 2

Spring 4

Spring 7

Spring 3

Unnamed Trib 1

Spring 6

Pond 2

Wetland-A

Wetland-G

Wetland-B

Wetland-H

Wetland-M

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Wetland-J

Wetland-I

Wetland-B

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T381

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Chestn

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Racetrack DATENO

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DESCRIPTION

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FIGURE NO:1 " = 150 '

OVERALL SITE PLAN


LEGEND

PERMANENTLY IMPACTED PERENNIAL STREAM

PERMANENTLY IMPACTED INTERMITTENT STREAM

TEMPORARILY IMPACTED PERENNIAL STREAM

PERENNIAL STREAM

INTERMITTENT STREAM

DUTCH RUN

NO CHANNEL

DIRECTLY IMPACTED WETLAND

INDIRECTLY IMPACTED WETLAND

WETLAND

POND

IMPACTED POND

WETLAND OPEN BOUNDARY

PROPOSED SEDIMENT POND

PROPOSED GRADING

LIMIT OF DISTURBANCE

PERMIT BOUNDARY

PERMIT BOUNDARY FOR DUTCH RUN PREP PLANT

ROAD

DEP STREAM

2-FT ELEVATION CONTOUR

PAMAP PROGRAM LIDAR DATA, 2’ INTERVAL, 2006.


STREET DATA, ESRI DATA AND MAPS, 2013.

PAMAP PROGRAM LIDAR DATA, 2’ INTERVAL, 2006.

REFERENCE

NORTH!a

NOTES1). PROPOSED GRADING PROVIDED BY ROSEBUD MININGCOMPANY ON JUNE 12, 2018.

2). WETLAND DELINEATION PERFORMED BYCIVIL & ENVIRONMENTAL CONSULTANTS, INC. ONOCTOBER 28 & 31, 2019.

3). STREAM CLASSIFICATIONS PERFORMED BYCIVIL & ENVIRONMENTAL CONSULTANTS, INC. ON MAY 10 & 11, 2018.

Sediment Pond A

Sediment Pond B

www.cecinc.com


DRAWN BY:

DATE:

APPROVED BY:

PROJECT NO:

FIGURE NO: 5-2

ROSEBUD MINING COMPANYCROOKED CREEK STREAM RESTORATION

IDAHO PROJECTARMSTRONG COUNTY, PA

CLC1/15/2020

0 2,000 4,000

SCALE IN FEET

1 " = 2,000 '

STREAM MITIGATION SITE LOCATION MAP

JMR RAE*182-264

CHECKED BY:

SCALE:P:\2018

\182-2

64\-GI

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\EC09_

401_40

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_PLAN

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REFERENCE

LEGEND

PROPOSED MITIGATION AREA


USGS TOPOGRAPHIC MAP/ ARCGIS MAP SERVICEACCESSED 1/15/2020


NORTH!a

APPROXIMATELY3.5 MILES

VICINITY MAP

MITIGATION WETLAND 2

MITIGATION WETLAND 1

WETLAND-104D

WETLAND-104C

WETLAND-104B

WETLAND-103

WETLAND-104A

WETLAND-105

WETLAND-102

www.cecinc.com


DRAWN BY:

DATE:

APPROVED BY:

PROJECT NO:

FIGURE NO: 5-3



SML1/29/2020 1 " = 700 '

WETLAND MITIGATION MAP

JMR RAE*182-264

CHECKED BY:

SCALE:

\\svr-pittsburgh\Projects\2018\182-264\-GIS\Maps\EC09_401_404_MITIGATION_PLAN\182264_EC09_FIG5-3_WETLAND_MITIGATION_MAP.mxd 1/29/2020 9:17 AM (jrokosz)

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REFERENCEESRI WORLD IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY, ACCESSED 1/29/2020, IMAGERY DATE: 2014-2016.

LEGEND


PRESERVATION WETLAND

CREATION WETLANDS


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Crooked Creek-Upstream

Crooked Creek-Downstream

42-212.00-01-06.001SEIFLEY, ALICE LORRAINE

Crooked Creek

Trib 46462 To Crooked Creek

Trib 46447 To Crooked CreekTrib 464

49 To Crooked CreekTrib

46448

To Cr

ooked

Creek

Trib 46

464 To

Crook

ed Cre

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1369 ft.

1219 ft.

500 ft.

334 ft.

271 ft.

202 ft.

165 ft.

163 ft.

SAR MID529 ft.

SAR US413 ft.

42-212.00-01-06.001SEIFLEY, ALICE LORRAINE

T355

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State R

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Walnut Dr

Pine Hill Rd

Sta

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42-212.00-01-17MC INTIRE, WILLIAM J & DONNA V

42-212.00-01-28KIMMEL, CHRISTOPHER D AND

38-212.00-06-02KEYSTONE OWNER'S GROUP

42-212.00-01-27PETERS, THOMAS C.

42-212.00-01-27PETERS, THOMAS C.



42-212.00-01-19KACZOR, JOSEPH R & MARILYN


42-212.00-01-24ROYAL OIL & GAS CORPORATION

42-212.00-01-06PFISTER, CAROLE JEAN

42-212.00-01-13LUBIC, THOMAS A & KAREN S


42-212.00-01-14ORR, RUBY E, TRUSTEE


42-212.00-01-07NEALER, PAUL J

42-212.00-01-44RUFFNER, W. A. EST.

42-212.00-01-11CRANE, DAVID &



42-212.00-01-07NEALER, PAUL J

42-212.00-01-43.005REARICK, RAYMOND R & DORIS M

42-212.00-01-34WEAVER, GEORGE I JR

42-212.00-01-25KIMMEL, ANDREW & ERIN

42-212.00-01-22MYDOCK, JAMES D

42-212.00-01-06PFISTER, CAROLE JEAN

42-212.00-01-10SCOTT, WILLIAM L & TONI R

42-212.00-01-32BLATT, KIM & STEPHEN

42-212.00-01-19KACZOR, JOSEPH R & MARILYN

42-212.00-01-12REEFER, WM G & MATTIE JEAN

42-212.00-01-20GRAFTON, ADAM P & MICHELE D

42-212.00-01-23MC INTIRE, WILLIAM J & DONNA V


42-212.00-01-33BLATT, STEPHEN & KIM

42-212.00-01-15CLAYTON, LESTER D JR & SARAH

42-212.00-01-21FREEBERG, FRANS V & FRANCES A

42-212.00-01-29.003STITT, CURTIS DEAN & EILEEN M

38-212.00-06-04KEYSTONE OWNER'S GROUP ET AL

42-212.00-01-18BOYER, GARY E & BONNIE W

42-212.00-01-29.002STITT, CURTIS DEAN & EILEEN M

42-212.00-01-35MOFFA, JOSEPH J SR & CAROL A42-212.00-01-43

REARICK, RAYMOND R & DORIS M

DATENO

REVISION RECORD

SUBMITTAL RECORD

DESCRIPTION

DESCRIPTIONNO DATE

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ROSEBUD MINING COMPANYCROOKED CREEK STREAM RESTORATION

IDAHO PROJECTARMSTRONG COUNTY, PA

MLS*182-264

JMRJLR1/28/2020

5-4



DRAWN BY:

DATE:

CHECKED BY:

SCALE:

APPROVED BY:

PROJECT NO:

FIGURE NO:1 " = 200 '

STREAM RESTORATIONREFERENCE MAP


LEGEND

PROPOSED MITIGATION AREA

BENTHIC MACROINVERTEBRATE SAMPLING STATION

FEMA FLOODPLAIN

PARCEL

BORROW/FILL AREAS

DEP STREAM

ROAD

LOW EROSION POTENTIAL

MODERATE EROSION POTENTIAL

HIGH EROSION POTENTIAL

HAV AND HGM STREAM ASSESSMENT REACH (SAR)

ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:ACCESSED 1/29/2020.


FEDERAL EMERGENCY MANAGEMENT AGENCYDIGITAL FLOOD INSURANCE RATE MAP DATABASE,ARMSTRONG COUNTY, PENNSYLVANIA, 2016.

REFERENCE

NORTH!a

Public Notice PN... · 2020-04-17 · CELRP-RG Public Notice No. 20-9 3 detriments. All factors...

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Transcript of Public Notice PN... · 2020-04-17 · CELRP-RG Public Notice No. 20-9 3 detriments. All factors...