[32 Pa.B. 1416]
[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 (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes; the Air Quality Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
Coal Permits Actions
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
54851317R3. Rhen Coal Company (75 Rock Road, Pine Grove, PA 17963), renewal of an underground mine operation in Reilly Township, Schuylkill County affecting 2.5 acres, receiving stream: none. Application received December 7, 2001. Renewal issued February 26, 2002.
Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.
63910103 and NPDES Permit No. PA020313. Robinson Coal Company (200 Neville Road, Neville Island, PA 15225). Permit renewal issued for reclamation only of a bituminous surface mine located in Robinson Township, Washington County, affecting 113.5 acres. Receiving streams: unnamed tributaries to Robinson Run and Little Raccoon Creek. Application received December 28, 2001. Reclamation only renewal issued February 27, 2002
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
56990105 and NPDES Permit No. PA0235202, Marquise Mining Corporation, 3889 Menoher Blvd., Johnstown, PA 15905, commencement, operation and restoration of a bituminous surface and auger mine and for discharge of treated mine drainage in Quemahoning Township, Somerset County, affecting 168.5 acres. Receiving streams: unnamed tributaries to the Stonycreek River and Stonycreek River classified for the following uses: Cold Water Fishery and Cold Water Fishery. The first downstream potable water supply intake from the point of discharge is Cambria Somerset/Cambria County Municipal Authority--Border Dam. Application received October 19, 1999. Application issued February 27, 2002.
Noncoal Permits Actions
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
52980301T and NPDES Permit #PA0223905. E. R. Linde Construction Corp. (R. R. 6 Box 6825, Honesdale, PA 18431), transfer of an existing quarry operation in Lackawaxen Township, Pike County affecting 11.87 acres, receiving stream: unnamed tributary to Little Blooming Grove Creek. Application received October 18, 2001. Transfer issued March 1, 2002.
Hawk Run District Mining Office: Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.
08010814. LaVern M. Johnson, R. R. 4, Box 4023, Wyalusing, PA 18853. Commencement, operation and restoration of a Small Industrial Minerals (Flagstone) permit in Wyalusing Township, Bradford County affecting 1 acre. Receiving streams: unnamed tributary, tributary to Susquehanna River. Application received June 25, 2001. Permit issued February 22, 2002.
53010806. Robert C. Paul, P. O. Box 64, Galeton, PA 16922. Commencement, operation and restoration of a Small Industrial Minerals (Bluestone) permit in West Branch Township, Potter County affecting 1 acre. Receiving streams: unnamed tributary to South Branch of Pine Creek. Application received October 16, 2001. Permit issued February 26, 2002.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department of Environmental Protection 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(a)).
Except as otherwise noted, the Department of Environmental Protection certifies that the construction and operation herein described will comply with the applicable provisions of 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 these actions may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania 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 any right of appeal beyond that permitted by applicable statutes and decision law.
For individuals who wish to challenge this action, appeals 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 (35 P. S. §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note: Water Obstruction and Encroachment Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)
Permits Issued and Actions on 401 Certifications:
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E15-673. Pennsylvania Department of Transportation, District 6-0, 7000 Geerdes Boulevard, King of Prussia, PA 19460, West Vincent Township, Chester County, ACOE Philadelphia District.
To construct and maintain the Chester Springs Road Crossing (S.R. 1024) over the Pine Creek tributary (HQ-TSF) to Pickering Creek, which will replace the previous stone arch structure that has been removed. A 24-foot by 7-foot precast, open-bottom arch culvert is proposed for the site. The structure will span 24 feet and will be 28 feet wide with a maximum under clearance of 5 feet 9 inches. The proposed structure is to be constructed on the footprint of the previous bridge. Associated with the proposed structure is riprap scour protection to be placed at either end of the structure to protect the footings. It will approximately extend for a length of 5 feet along the channel and 38 feet across the streambed and embankment slopes on either side. The project site is located adjacent to the intersection of Old Kimberton Road and North Chester Springs Road (Downingtown, PA Quadrangle N: 18.5 inches; W: 4.7 inches).
E15-677. Robert James Enterprises Corporation, 21 West Biddle Street, West Chester, PA 19380, Upper Uwchlan Township, Chester County, ACOE Philadelphia District.
To replace, construct and maintain a private bridge crossing with associated wingwalls spanning the Black Horse Creek (HQ-TSF). The existing structure to be replaced consists of two elliptical CMPs and associated fill. The proposed bridge will be 12 feet long with a 30-foot span and 6-foot underclearance. The structure will serve as an access to two subdivided lots. The project site is located 300 feet west of the intersection of Krauser Road and Blackhorse Circle (Downingtown, PA Quadrangle N: 15.9 inches; W: 13.1 inches).
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E35-345. William R. Powell, R. R. 1, Box 27, Carbondale, PA 18407, Fell Township, Lackawanna County, Army Corps of Engineers Baltimore District.
To place fill in a de minimis area of wetlands equal to 0.03 acre and to construct and maintain a steel-beam bridge with gabion wingwalls and concrete abutments and decking, having a span of 32.33 feet and an underclearance of approximately 8 feet across Fall Brook for the purpose of providing access to a single family residence. The project is located adjacent to S.R. 0106 approximately 1.5 miles southeast of its intersection with S.R. 0247 (Carbondale, PA Quadrangle N: 18.2 inches; W: 4.6 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E31-174. Smithfield Township, Mt. Vernon and 13th Street, Huntingdon, PA 16652 in Smithfield Township, Huntingdon County.
To construct a pedestrian bridge across Crooked Creek (WWF) and to construct a park within the floodway of the Juniata River (WWF) at the junction of Crooked Creek and Juniata River (Huntingdon, PA Quadrangle N: 19.7 inches; W: 2.3 inches) in Smithfield Township, Huntingdon County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E14-408. Houtzdale Municipal Authority, 721-1 Kirk Street, Houtzdale, PA 16651. Intake Replacement, in Rush Township, Centre County, ACOE Baltimore District (Houtzdale, PA Quadrangle N: 7.0 inches; W: 11.0 inches).
To: 1) remove two existing water intakes from Mountain Branch; and 2) construct and maintain two 12-inch diameter PVC pipe intakes in Mountain Branch located 6,800 ft southeast of Trim Root Run's confluence with Mountain Branch and two 12-inch PVC pipe intakes located 3,000 ft northwest of Trim Root Run's confluence with Mountain Branch (Houtzdale, PA Quadrangle N: 7.0 inches; W: 11.0 inches) in Rush Township, Centre County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-201, Dimension Development Corporation, 120 Three Degree Road, Pittsburgh, PA 15237. Hunters Creek Plan of Lots, in Cranberry Township, Butler County, ACOE Pittsburgh District (Mars, PA Quadrangle N: 16.0 inches; W: 1.5 inches).
To construct and maintain a 80-foot long, 16.5-foot wide by 11-foot high corrugated metal pipe arch culvert in a tributary to Brush Creek and impacting 0.09 acre of wetland (PFO) for the extension of Hunter Drive for access to Phase IV of Hunter's Creek Plan of Lots residential development east of Powell Road approximately 1 mile north of Rochester Road. Project includes contribution to the Pennsylvania Wetland Replacement Fund for replacement of 0.09 acre of wetland impact.
E10-345, Pennsylvania Department of Transportation, District 10-0, P. O. Box 429, Route 286 South, Indiana, PA 15701. S.R. 3021, Segment 0100, Offset 0000 Across Wolfe Run, in Cranberry Township, Butler County, ACOE Pittsburgh District (Mars, PA Quadrangle N: 18.6 inches; W: 10.0 inches).
To remove the existing bridge and to construct and maintain a 40-foot long precast concrete CON/SPAN arch having a span of 32 feet and a clear rise of 8 feet across Wolfe Run on S.R. 3021, Segment 0100, Offset 0000 approximately 3 miles north of S.R. 228.
E10-347, Jenny McKeag, 111 Venango Trail, Slippery Rock, PA 16057. McKeag SRSTP Outfall to Slippery Rock Creek, in Slippery Rock Township, Butler County, ACOE Pittsburgh District (Slippery Rock, PA Quadrangle N: 7.0 inches; W: 1.6 inches).
To install and maintain a 4-inch diameter outfall pipe along the east side of Slippery Rock Creek approximately 2,000 feet upstream of Wadsworth Bridge Road from a Small Flow Sewage Treatment Facility replacing a malfunctioning septic system at 111 Venango Trail.
E27-066, Forest County, Forest County Courthouse, Tionesta, PA 16353. Bear Run Road Across Maple Creek, in Barnett Township, Forest County, ACOE Pittsburgh District (Marienville, PA Quadrangle N: 2.9 inches; W: 8.5 inches).
To remove the existing bridge and to construct and maintain a prestressed concrete adjacent box beam bridge having a clear span of 58.5 feet and an underclearance of 11 feet on a 53 degree skew on a new alignment approximately 30 feet upstream across Maple Creek (HQ-CWF) on Bear Run Road (S.R. 2008) approximately 2 miles west of S.R. 899.
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.
EA63-003CO. F. Daniel Caste, Bower Hill Development Group, P. O. Box 10360, Pittsburgh, PA 15234. Peters Township, Washington County, ACOE Pittsburgh District.
To construct a nonjurisdictional dam in the watershed of a tributary to Peters Creek (TSF) for stormwater management at the proposed Woodlands of Peters Township, Bower Hill Development, Inc., impacting approximately 0.07 acre of wetland (PEM). The applicant has proposed making a contribution to the Pennsylvania Wetland Replacement Fund in lieu of constructing replacement wetlands. The dam will be located approximately 1,500 feet northeast of the intersection of Bower Hill Road (SR62051) and McCombs Road (Bridgeville, PA Quadrangle, N: 2.55 inches, W: 9.15 inches).
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control Permit has been issued.
Persons aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania 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 any right of appeal beyond that permitted by applicable statutes and decision law.
For individuals who wish to challenge an action, appeals 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.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
ESCP No. Applicant Name &
AddressCounty Municipality Receiving
Water/UseESCP6101801 Industrial Timber and Land Company
P. O. Box 67
Endeavor, PA 16322Venango County Allegheny Township
President TownshipStewart Run (CWF)
SPECIAL NOTICES
Application Period for Municipal Recycling Program Performance Grant Applications under Section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101)
Calendar Year 2001 Recycling The Department of Environmental Protection (Department) announces a request for applications from municipalities for recycling performance grant assistance for recycling programs under Act 101. Municipalities include counties, cities, boroughs, incorporated towns, townships and home rule municipalities. This application period is for eligible materials recycled and marketed in calendar year 2001.
Municipal Recycling Program Performance Grant (grant) funds will be awarded to municipalities based upon the weight of source separated recyclable materials identified in section 1501(c)(1)(i) of Act 101 recovered by municipal recycling programs and the population of the municipality as determined by the most recent decennial census. Municipalities will be eligible to receive an award based on a formula of $5 for each Department approved ton of eligible recyclable materials recycled or marketed and $1 per approved ton for each percentage of municipal waste calculated by the Department to be diverted from disposal. The weight of eligible materials allowable from nonresidential (commercial, institutional and municipal) sources under the preceding formula will be limited to no more than the weight of approved eligible materials from residential sources. Any Department approved materials from nonresidential sources not factored into the preceding formula will be awarded a bonus of $10 per ton. The Department will not award grants calculated to be less than $10.
Applicants that have failed to comply with the conditions set forth in previously awarded grants, the grant requirements or regulations of Act 101 may not be awarded funds under this grant program. Applicants must ensure that they are in compliance with section 272.314(b)(2) of Act 101 relating to the submittal of the annual recycling report.
Eligible materials include post-consumer clear glass, colored glass, aluminum cans, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, other marketable grades of paper and plastics. Grants will be awarded only for properly documented, eligible materials that were actually marketed on or after January 1, 2001, to and including, December 31, 2001. Grant funds will not be awarded for residues, materials not listed as eligible including, but not limited to, leaf and yard wastes or any materials which cannot be documented as being recycled into a new product or use.
Documentation to support all claims that eligible recyclable materials were generated within the municipality and marketed must be made available for auditing by the Department, the Office of the Auditor General, the Office of the Treasurer or agents of those offices for 4 years. The Department will not require applicants to retain hauler customer lists; however, the lists may be required to be examined in the event of an audit. It will be the applicant's responsibility to arrange for hauler customer lists to be provided or for haulers to be present with their customer lists, during a grant audit. Supporting documentation is not required to be submitted with the application.
Acceptable Supporting Documentation: Weight slips or receipts verifying that the materials were recycled or marketed are required as supporting documentation for the grant application. The documentation must include: 1) the date the materials were recycled/marketed; 2) the type of material recycled/marketed; 3) the name of the municipality where the material was generated; and 4) weight, stated in pounds or tons, of the material recycled/marketed. Documentation supporting materials source separated from municipal waste by commercial/institutional establishments and recycled/marketed must bear the name of the establishment and the municipality where the establishment is located.
Acceptable documentation must be provided in one of the following formats: 1) a dated weight/market receipt identifying the generator of the recyclable materials and the market; 2) a dated report submitted by the hauler or market on company letterhead clearly indicating the name of the company generating the recyclable materials; or 3) a dated report submitted by the generator, which is signed by the hauler or market vendor that received the materials. Reports may be submitted on annual, monthly, weekly or other time period format. All information must be legible.
Estimates of weight will not be accepted except in cases where: 1) the material is packaged in uniform bales and the average weight of a bale can be demonstrated and supported by weight receipts and a record of the number of bales was provided by the market vendors; or when 2) multiple generators contribute to a known quantity of marketed material and the hauler or market estimates the quantities attributable to any individual establishment or municipality and verifies the estimate with a signature.
Although the supporting documentation is not required to be submitted with the grant application, any documentation provided must conform to the previous requirements or the materials claimed will not be credited toward the grant award.
Grant applications must be on forms provided by the Department for calendar year 2001. Grant applications must be delivered by 3 p.m., September 27, 2002, or postmarked by that date. Applications received by the Department after the deadline will be returned to the applicant. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101 and the availability of moneys in the Recycling Fund.
Municipalities wishing to file an application should contact their County Recycling Coordinator or the Department at the address that follows. Applicants who filed a Performance Grant application for calendar year 2000 will be mailed a current application by the Department as soon as they are available. Applications may also be obtained from the Department's website at www.dep. state.pa.us (direct link ''Recycle''). Inquiries concerning this notice should be directed to Todd Pejack, Bureau of Land Recycling and Waste Management, Department of Environmental Protection, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472 or e-mail to tpejack@state.pa.us.
Certification to Perform Radon-Related Activities in this Commonwealth In the month of February 2002, the Department of Environmental Protection, under the authority contained in the Radon Certification Act (63 P. S. §§ 2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the following persons to perform radon-related activities in this Commonwealth. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in this Commonwealth 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, (800) 23RADON.
Name Address Type of Certification Air Quality Control, Inc. 241 King Manor Drive
Suite D
King of Prussia, PA 19406Mitigation Michael Biechler 2843 North Front Street
Harrisburg, PA 17110Testing Gregory Hancock 193 Park Avenue
Woolrich, PA 17779Testing Robert Harris 2843 North Front Street
Harrisburg, PA 17110Testing Matthew Hodges
Hodges Environmental Technology407 South West End Avenue
Lancaster, PA 17603Testing Scott Jacobs 618 North Maple Avenue
Ridgeway, PA 15853Mitigation Donald John P. O. Box 211
Worthington, PA 16262Testing Leonard Kelsey 800 Sunset Lane
Stroudsburg, PA 18360Testing Daniel Keogh 590 Sandra Lane
Phoenixville, PA 19460Testing Raymond King 1812 Willow Street Pike
Lancaster, PA 17602Testing John Marryott 45 Wilfred Avenue
Titusville, NJ 08560Mitigation Thomas O'Connor 8620 Rochester Road
Pittsburgh, PA 15237Testing Harold Quesenberry
Enviro Test, Inc.355 Barts Church Road
Hanover, PA 17331Testing and Mitigation Realty Inspection Services, Inc. 483 North Main Street
Moscow, PA 18444Testing Kathleen Remsnyder 2843 North Front Street
Harrisburg, PA 17110Testing Jeffrey Schlaline
Absolute Radon Mitigation, LLC800 Locust Grove Road
York, PA 17402Mitigation Igor Smetaniuk P. O. Box 300
454 High Road
Glen Spey, NY 12737Testing David Steinman 1899 Lititz Pike
Lancaster, PA 17601Testing Roy Stirling
National Property Inspections, Inc.P. O. Box 145
Geigertown, PA 19508Testing Wayne Thomas
Environmental Abatement Assoc., Inc.143 West Main Street
Plymouth, PA 18651Testing
[Pa.B. Doc. No. 02-426. Filed for public inspection March 15, 2002, 9:00 a.m.]
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