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PA Bulletin, Doc. No. 04-187g

[34 Pa.B. 588]

[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); and 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 Permit Actions

   California District Mining Office: 25 Technology Drive, California Technology Park, Coal Center, PA 15423, (724) 769-1100.

   14743701. NPDES Permit No. PA0600156, Pennsylvania Mines, LLC (P. O. Box 367, Ebensburg, PA 15931), to renew the permit for the Pauline Hollow Coal Refuse Disposal Area in Rush Township, Centre County and related NPDES permit. No additional discharges. Permit issued January 12, 2004.

   14831301. NPDES Permit No. PA008966, Pennsylvania Mines, LLC (P. O. Box 367, Ebensburg, PA 15931), to renew the permit for the Rushton Mine in Rush Township, Centre County and related NPDES permit. No additional discharges. Permit issued January 12, 2004.

   17921604. NPDES Permit No. PA0214167, Waro- quier Coal Company (P. O. Box 128, R. D. 4, Washington Avenue, Clearfield, PA 16830), to renew the permit for the Trucking Tipple in Lawrence Township, Clearfield County and related NPDES permit. No additional discharges. Permit issued January 12, 2004.

   Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.

   10980108 and NPDES Permit No. PA0227811. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Renewal of an existing bituminous strip operation in Eau Claire Borough and Allegheny Township, Butler County, affecting 45.2 acres. This renewal is issued for reclamation only. Receiving streams: unnamed tributaries to South Fork Little Scrubgrass Creek to Little Scrubgrass Creek to the Allegheny River. Application received November 12, 2003. Permit Issued January 6, 2004.

   10990101 and NPDES Permit No. PA0241512. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Renewal of an existing bituminous strip operation in Eau Claire Borough and Venango Township, Butler County, affecting 41.3 acres. Receiving streams: unnamed tributary to South Fork of Little Scrubgrass Creek. Application received October 24, 2003. Permit Issued January 6, 2004.

   10980109 and NPDES Permit No. PA0227862. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127). Renewal of an existing bituminous strip operation in Muddy Creek Township, Butler County, affecting 141.2 acres. This renewal is issued for reclamation only. Receiving streams: unnamed tributary to Bear Run. Application received November 17, 2003. Permit Issued January 6, 2004.

   33950108. T. L. H. Coal Company (4401 Pollock Road, Marion Center, PA 15759). Revision to an existing bituminous strip and auger operation to change the post-mining land use from wildlife habitat to pastureland on the Raymond E. and Cora Belle Smith property in Perry Township, Jefferson County. Receiving streams: McCracken Run. Application received September 15, 2003. Permit Issued January 8, 2004.

   Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.

   65010102 and NPDES Permit No. 0202967. Coal Loaders, Inc. (210 E. Main Street, P. O. Box 556, Ligonier, PA 15658). Transfer of permit from V. P. Smith, Inc., for an existing bituminous surface mine in Fairfield Township, Westmoreland County, affecting 133.6 acres. Receiving streams: unnamed tributaries to Hypocrite Creek. Transfer application received August 26, 2003. Transfer permit issued January 13, 2004.

   03030102 and NPDES Permit No. PA0250350. AMFIRE Mining Co., LLC (One Energy Place, Latrobe, PA 15650). Permit for commencement, operation and reclamation of a bituminous surface mine in East Franklin and Sugarcreek Townships, Armstrong County, affecting 224.5 acres. Receiving streams: unnamed tributary to Long Run to Patterson Creek to Buffalo Creek. Application received March 11, 2003. Permit issued January 16, 2004.

   Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.

   17980110 and NPDES Permit No. PA0238023. Junior Coal Contracting, Inc. (R. R. 3, Box 225A, Philips- burg, PA 16866). Renewal of an existing bituminous surface mine permit in Decatur Township, Clearfield County, affecting 73.6 acres. Receiving streams: Albert Run to Little Laurel Run to Laurel Run to Moshannon Creek to the West Branch of the Susquehanna River. Application received September 22, 2003. Permit issued January 5, 2004.

   17980107 and NPDES Permit No. PA0237973. GLR Mining, Inc. (P. O. Box 105, Clymer, PA 15728). Renewal of an existing bituminous surface mine-auger permit in Bell Township, Clearfield County, affecting 58 acres. Receiving streams: unnamed tributary to Haslett Run to Haslett Run; Haslett Run to the West Branch of the Susquehanna River. Application received August 21, 2003. Permit issued January 5, 2004.

   17823101 and NPDES Permit No. PA0609412. Hepburnia Coal Company (P. O. Box I, Grampian, PA 16838). Renewal of an existing bituminous surface mine permit in Union Township, Clearfield County, affecting 128 acres. Receiving streams: Two unnamed tributaries of Laborde Branch, to Laborde Branch, to Sandy Lick Creek, to Little Mill Creek, to Redbank Creek to Anderson Creek and Anderson Creek to West Branch Susquehanna River to Susquehanna River. Application received September 15, 2003. Permit issued January 5, 2004.

   17813093 and NPDES Permit No. PA0609609. AMFIRE Mining Company, LLC (One Energy Place, Latrobe, PA 15650). Renewal and transfer of an existing bituminous surface mine-refuse plant-shale mining-auger permit, from Sky Haven Coal, Inc. The permit is in Lawrence Township, Clearfield County, affecting 112.5 acres. Receiving streams: unnamed tributary to Wolf Run to West Branch Susquehanna River. Application received July 22, 2003. Permit issued December 11, 2003.

   17860104 and NPDES Permit No. PA0611077. Sky Haven Coal, Inc. (R. R. 1, Box 180, Penfield, PA 15849). Major permit revision to an existing bituminous surface mine permit for a change in permit acreage from 255.0 to 267.8 acres. The permit is in Girard Township, Clearfield County. Receiving streams: Deer Creek, Buck Run. Application received October 14, 2003. Permit issued January 5, 2004.

Noncoal Permit Actions

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   52032804. Springbrook Enterprises, Inc. (HC 8 Box 8210, Hawley, PA 18428), commencement, operation and restoration of a quarry operation in Blooming Grove Township, Pike County, affecting 5.0 acres. Receiving streams: Billings Creek and Shohola Creek. Application received October 1, 2003. Permit issued January 9, 2004.

   8175SM3A1C6 and NPDES Permit No. PA0613797. Warner Company (P. O. Box 457, Devault, PA 19432), renewal of NPDES permit for discharge of treated mine drainage in East Whiteland and Tredyffrin Townships, Chester County. Receiving streams: Valley Creek. Application received November 21, 2003. Renewal issued January 15, 2004.

   7975SM4C4. Edison Quarry, Inc. (25 Quarry Road, Doylestown, PA 18901), depth correction for an existing quarry operation in Doylestown Township, Bucks County, affecting 17.7 acres. Receiving streams: Neshaminy Creek. Application received October 7, 2002. Correction issued January 15, 2004.

   Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.

   37860305. G. L. McKnight, Inc. (P. O. Box 773, Slippery Rock, PA 16057). Renewal of NPDES Permit No. PA0212032 in Plain Grove Township, Lawrence County. Receiving streams: Taylor Run. Application received November 7, 2003. Permit Issued January 6, 2004.

   4876SM20. Glenn O. Hawbaker, Inc. (1952 Waddle Road, State College, PA 16804). Transfer of an existing sand and gravel operation from Brokenstraw Gravel Company in Pittsfield Township, Warren County, affecting 106.9 acres. Receiving streams: Little Brokenstraw Creek. Application received September 4, 2003. Permit Issued January 8, 2004.

   Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.

   08960301. Glenn O. Hawbaker, Inc. (1952 Waddle Road, State College, PA 16803). Transfer of an existing large industrial minerals permit from Graham Construction and Excavating in Canton Township, Bradford County, affecting 19.2 acres. Receiving streams: None. Application received August 27, 2003. Permit issued January 7, 2004.

   53032801. Fessenden Construction Company, Inc. (P. O. Box 271, 94 Main Street, Roulette, PA 16746). Commencement, operation and restoration of a small industrial minerals (sand, gravel, topsoil) permit in Roulette Township, Potter County, affecting 5 acres. Receiving streams: Allegheny River. Application received February 6, 2003. Permit issued January 7, 2004.

   08030808. Casselbrick Flagstone (R. R. 1, Box 101, Sayre, PA 18840). Commencement, operation and restoration of a small industrial minerals (bluestone) permit in Herrick Township, Bradford County, affecting 3 acres. Receiving streams: unnamed tributary Camp's Creek. Application received August 29, 2003. Permit issued January 12, 2004.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (73 P. S. §§ 151--161) 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.

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   22034027. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Shops at Susquehanna Market Place in Susquehanna Township, Dauphin County, with an expiration date of January 23, 2005. Permit issued January 13, 2004.

   21034080. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Towns at Meadows in Upper Allen Township, Cumberland County, with an expiration date of January 30, 2005. Permit issued January 13, 2004.

   360340125. Warren's Excavating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507-0189), construction at Keystone Opportunity Zone in Lancaster City, Lancaster County, with an expiration date of September 30, 2004. Permit issued January 13, 2004.

   67034080. Warren's Excavating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507-0189), construction blasting at The Orchards in Hellam Township, York County, with an expiration date of January 31, 2005. Permit issued January 13, 2004.

   Persons aggrieved by an 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 of 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.

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

   The Department of Environmental Protection (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 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 an 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 of 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.


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 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).

Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

   Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.

   E15-698. Newman Development Group, 3101 Shippers Rd., P. O. Box 678, Vestal, NY 13851-0678, North Coventry Township, Chester County, ACOE Philadelphia District.

   To construct and maintain water obstructions and encroachments associated with the proposed Town Square Plaza Development. The site is just south of the intersection of SR 0100 and Cedarville Road in North Coventry Township, Chester County.

   Work will consist of:

   1. To place fill in 0.03 acre of wetland and to enclose 400 linear feet of two watercourses (tributaries to the Schuylkill River).

   2. To construct and maintain 60 linear feet of 16-foot by 5.25-foot open-bottom arch culvert and associated utility line stream crossings in the southern unnamed tributary to the Schuylkill River (HQ-TSF) (Pottstown, PA Quadrangle N:  18.2 inches; W:  4.7 inches).

   3. To expand the reservoir of an existing pond with a nonjurisdictional dam from a 0.56-acre reservoir (POW) to a 0.77-acre reservoir (POW) for use as a sediment basin during construction and as a stormwater management facility thereafter (basin 1). Work activities also include replacement and maintenance of approximately 60 linear feet of an 18-inch culvert in the northern unnamed tributary to the Schuylkill River (HQ-TSF) and associated excavation upstream of the culvert for flood storage (Pottstown, PA Quadrangle N:  18.4 inches; W:  4.7 inches).

   The applicant proposes to construct a total of 0.33 acre of replacement wetlands in two areas (0.28 acre and 0.05 acre) to compensate for the 0.10 acre of wetland (PEM) impacts associated with the proposed project. This project will include work within a Department of Transportation right-of-way which will be authorized by General Permits, including extending a 30-inch RCP culvert pipe, 27 linear feet, which carries the southern unnamed tributary to the Schuylkill River (HQ-TSF) under Hanover Street (SR 1037); the placement of fill in 0.09 acre of wetlands (PEM) for the construction of the proposed ''Harp Farm Road'' from Hanover Street (SR 1037) (Pottstown, PA Quadrangle N:  18.2 inches; W:  4.4 inches) and to extend a 4-foot by 6-foot box culvert, 37 linear feet, which carries the southern unnamed tributary to the Schuylkill River (HQ-TSF) under SR 0100 (Pottstown, PA Quadrangle N:  18.2 inches; W:  4.9 inches).

   Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.

   E45-432. Polk Township, P. O. Box 137, Kresgeville, PA 18333-0137. Polk Township, Monroe County, Army Corps of Engineers Philadelphia District, Subbasin 2-B.

   Remove the existing structure and to construct and maintain an open-bottom, corrugated aluminum box culvert having a span of approximately 11.1 feet and an average underclearance of approximately 5.2 feet in a tributary to Pohopoco Creek (CWF, perennial). The project is along Township Road T414 (Serfass Road), approximately 0.15 mile east of SR 3007 (Burger Hollow Road) (Brodheadsville, PA Quadrangle N:  7.7 inches; W:  12.4 inches). The project proposes to directly affect 38 linear feet of stream channel.

   E58-255. Department of Transportation, Engineering District 4-0, P. O. Box 111, Scranton, PA 18501. New Milford Township, Susquehanna County, Army Corps of Engineers Baltimore District (Subbasin 04E).

   To remove the existing structure and to construct and maintain a road crossing of a tributary to Gillespies Pond (HQ-CWF), consisting of a 16.0-foot by 4.0-foot and a length of 45.0 feet precast concrete box culvert with its invert depressed 1.0 foot below streambed elevation. The project also includes a temporary stream diversion impacting 80.0 linear feet of stream. The project is along SR 2061, Segment 0110, Offset 1300, approximately 1.2 miles southwest of the intersection of SR 2061 and SR 0848 (Harford, PA Quadrangle N:  16.3 inches; W:  15.0 inches).

   E58-256. Department of Transportation, Engineering District 4-0, P. O. Box 111, Scranton, PA 18501. New Milford Township, Susquehanna County, Army Corps of Engineers Baltimore District (Subbasin 04E).

   To remove the existing structure and to construct and maintain a road crossing of a tributary to Gillespies Pond, consisting of a 16.0-foot by 4.0-foot and a length of 40.0 feet precast concrete box culvert with its invert depressed 1.25 feet below streambed elevation. The project also includes a temporary stream diversion impacting 115.0 linear feet of stream. The project is along SR 2061, Segment 0110, Offset 2065, approximately 1.1 miles southwest of the intersection of SR 2061 and SR 0848 (Harford, PA Quadrangle N:  16.5 inches; W:  14.7 inches).

   Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   E06-584: Borough of Fleetwood, 110 West Arch Street, Fleetwood, PA 19522 in Fleetwood Borough, Berks County, ACOE Philadelphia District.

   To remove an existing 32-foot long by 3-foot wide steel and wooden plank bridge and to install and maintain a 40-foot long by 6-foot wide prefabricated pedestrian bridge across an unnamed tributary to Willow Creek (CWF) for the purpose of improving the recreational and educational value of the greenway, at a point approximately 1,400 feet east of North Richmond Street (Fleetwood, PA Quadrangle N:  15.5 inches; W:  12.4 inches) in Fleetwood Borough, Berks County.

   Northcentral Region:  Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

   E14-452. John H. Mitchell, Jr., P. O. Box 215, Lemont, PA 16851. Mount Nittany Terrace--Phase II in College Township, Centre County, ACOE Baltimore District (State College, PA Quadrangle N:  12.7 inches; W:  8.1 inches).

   To construct and maintain: (1) a 95-foot long 48-inch diameter CPEP culvert for a public road crossing; (2) a 155-foot long 48-inch diameter CPEP culvert for a public road crossing; (3) a 400-foot long realigned and R-5 rock armored intermittent stream channel next to a proposed public road; (4) two 87-foot long by 48-inch diameter CPEP culverts for a public road crossing; and (5) four 18-inch diameter stormwater outfalls, into or crossing of an intermittent unnamed tributary of Spring Creek for the expansion of a public subdivision 1,500 feet southwest on First Avenue from its intersection with Struble Road. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E17-387. Ferguson Township, 1555 McGee Road, Curwensville, PA 16833-8120. Wendell Road Bridge Replacement over Gazzam Run in Ferguson Township, Clearfield County, ACOE Baltimore District (Curwensville, PA Quadrangle N:  2.9 inches; W:  11.2 inches).

   To remove an existing bridge and construct, operate and maintain a single-span bridge to carry Wendell Road (T-426) across Gazzam Run. The single-span bridge shall be constructed with prestressed concrete spread box beams that provide a minimum normal span of 50 feet, clear width of 26 feet and underclearance of 4.5 feet. Since Gazzam Run is protected as a wild trout and stocked trout fishery, no construction or future repair work shall be conducted in or along the stream channel between October 1 and December 31 or April 1 and June 15 without the prior written permission from the Fish and Boat Commission. Bridge construction shall be conducted in stream low flow conditions and all in-stream abutment and wingwall construction shall be completed in dry work conditions through dam and pumping or fluming stream flow around work areas. Construction work also includes the installation of R-8 rock for footing scour protection. All rock scour protection shall have openings or voids choked with small, clean stone materials to avoid stream flow loss. The bridge construction project is along the eastern right-of-way of SR 0729 approximately 675 feet east of SR 0729 and Wendell Road (T-426) intersection. This permit authorizes the construction, operation, maintenance and removal of temporary stream diversions, cofferdams, road crossings and causeways. All temporary structures shall be constructed with clean rock, clear of fines; upon completion of the bridge, all structures removed with disturbed waterway and wetland areas being restored to original contours and elevations. The 0.01 acre of wetland impacts incurred by bridge removal and construction are deemed de minimis and replacement of wetland 0.01 acre of wetland shall not be required.

   E17-388. Ferguson Township, 1555 McGee Road, Curwensville, PA 16833-8120. Wagoner Road Bridge Replacement over Gazzam Run in Ferguson Township, Clearfield County, ACOE Baltimore District (Curwensville, PA Quadrangle N:  0.7 inch; W:  11.4 inches).

   To remove an existing bridge and construct, operate and maintain a single-span bridge to carry Wagoner Road (T-431) across Gazzam Run. The single-span bridge shall be constructed with prestressed concrete spread box beams that provide a minimum normal span of 35 feet, clear width of 26 feet and underclearance of 4 feet. Since Gazzam Run is protected as a wild trout and stocked trout fishery, no construction or future repair work shall be conducted in or along the stream channel between October 1 and December 31 or April 1 and June 15 without the prior written permission from the Fish and Boat Commission. Bridge construction shall be conducted in stream low flow conditions and all in-stream abutment and wingwall construction shall be completed in dry work conditions through dam and pumping or fluming stream flow around work areas. Construction work also includes the installation of R-8 rock for footing scour protection. All rock scour protection shall have openings or voids choked with small, clean stone materials to avoid stream flow loss. The bridge construction project is along the eastern right-of-way of SR 0729 approximately 235 feet east of SR 0729 and Wagoner Road (T-431) intersection. This permit authorizes the construction, operation, maintenance and removal of temporary stream diversions, cofferdams, road crossings and causeways. All temporary structures shall be constructed with clean rock, clear of fines; upon completion of the bridge, all structures removed with disturbed waterway and wetland areas being restored to original contours and elevations. The 0.03 acre of wetland impacts incurred by bridge removal and construction are deemed de miminis and replacement of wetland 0.03 acre of wetland shall not be required.

   E17-389. Department of Transportation, Engineering District 2-0, P. O. Box 342, Clearfield, PA 16830. SR 2027, Section A01 Bridge Replacement in Bradford Township Clearfield County, ACOE Baltimore District (Wallaceton, PA Quadrangle N:  22.2 inches; W:  15.4 inches).

   To remove an existing single-span bridge and construct, operate and maintain a precast concrete arch culvert to carry SR 2027, Section A01 across Roaring Run to improve public highway safety. The precast concrete arch culvert shall be constructed with a minimum span of 24 feet, rise of 10 feet and maximum length of 100 feet with the culvert invert depressed 1 foot. The culvert construction project is along SR 2027 at the intersection with Bradford Township Road No. 313. This permit also authorizes the construction, operation, maintenance and removal of temporary construction road crossings, stream diversions and cofferdams. All temporary structures shall be constructed with clean rock, free of fines and silts or other nonerodible material. Upon completion of the bridge construction, all temporary structures shall be completely removed from the channel and floodplain.

   E53-395: Harrison Township, P. O. Box 92, Harrison Valley, PA 16927. Fox Hill Road Bridge Replacement over an unnamed tributary Cowanesque River in Harrison Township, Potter County, ACOE Baltimore District (Potter Brook, PA Quadrangle N:  10.7 inches; W:  16.7 inches).

   To remove an existing single-span bridge and construct, operate and maintain a public road crossing an unnamed tributary to the Cowanesque River. The public road crossing shall be constructed to carry T-485 (Fox Hill Road) across the unnamed tributary with a single corrugated metal culvert pipe. The corrugated metal culvert pipe shall have a minimum diameter of 6 feet and a depression of 0.5 foot below the existing streambed elevations. The 6-foot diameter culvert pipe shall be installed between existing concrete bridge abutments with R-7 rip rap outlet protection along both stream banks. The public road crossing shall also include timber-cribbing headwalls. All construction and future work shall be conducted at stream low flow. The Fox Hill Road project is along the northern right-of-way of SR 0049 approximately 4,100 feet north of T-485 and SR 0049 intersection. This permit does not authorize any temporary or permanent wetland impacts and as such, the permittee shall ensure no wetland impacts result from the removal of the existing bridge or construction of the proposed road crossing. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

   E02-494. The Lane Construction Company, 1 Rutgers Road, Second Floor, Pittsburgh, PA 15205 in Boggs and Washington Townships, Armstrong County, Pittsburgh ACOE District (Templeton, PA Quadrangle N:  4.1 inches; W:  13.1 inches; Latitude: 40° 53` 51"--Longitude: 79° 28` 11" and N:  8.5 inches; W:  16.8 inches; Latitude: 40° 55` 19"--Longitude: 79° 29` 48"). To amend Permit E02-494 which authorizes commercial sand and gravel dredging in select areas of the Allegheny River (WWF) and Ohio River (WWF), subject to review of mussel surveys and prescribed setbacks in Allegheny, Armstrong and Westmoreland Counties, to include Allegheny River Mile Points 52.8 to 53.3 left descending bank in Boggs Township, Armstrong County and Allegheny River Mile Points 58.2 to 58.6 right descending bank in Washington Township, Armstrong County.

   E02-584. Pioneer Mid-Atlantic, Inc., Salem Place--Suite 340, 390 Rt. 22, Delmont, PA 15626 in Boggs and Washington Townships, Armstrong County, Pittsburgh ACOE District (Templeton, PA Quadrangle N:  4.1 inches; W:  13.1 inches; Latitude: 40° 53` 51"--Longitude: 79° 28` 11" and N:  8.5 inches; W:  16.8 inches; Latitude: 40° 55` 19"--Longitude: 79° 29` 48"). To amend Permit E02-584, which authorizes commercial sand and gravel dredging in select areas of the Allegheny River (WWF) and Ohio River (WWF), subject to review of mussel surveys and prescribed setbacks in Allegheny, Armstrong, Beaver and Westmoreland Counties, to include Allegheny River Mile Points 52.8 to 53.3 left descending bank in Boggs Township, Armstrong County and Allegheny River Mile Points 58.2 to 58.6 right descending bank in Washington Township, Armstrong County.

   E02-1326. Glacial Sand and Gravel Company, P. O. Box 1022, Kittanning, PA 16201-1022 in Boggs and Washington Townships, Armstrong County, Pittsburgh ACOE District (Templeton, PA Quadrangle N:  4.1 inches; W:  13.1 inches; Latitude: 40° 53` 51"--Longitude: 79° 28` 11° and N:  8.5 inches; W:  16.8 inches; Latitude: 40° 55` 19"--Longitude: 79° 29` 48"). To amend Permit E02-1326, which authorizes commercial sand and gravel dredging in select areas of the Allegheny River (WWF), subject to review of mussel surveys and prescribed setbacks in Allegheny, Armstrong and Westmoreland Counties, to include Allegheny River Mile Points 52.8 to 53.3 left descending bank in Boggs Township, Armstrong County and Allegheny River Mile Points 58.2 to 58.6 right descending bank in Washington Township, Armstrong County.

   E02-1387. Crossing of Wexford, LP, P. O. Box 297, Wexford, PA 15090. Wetland fill in Marshall Township, Allegheny County, Pittsburgh ACOE District (Emsworth, PA Quadrangle N:  21.5 inches; W:  10.7 inches) (Latitude: 40° 37` 06"-- Longitude: 80° 01` 39"). To place and maintain fill in 0.045 acre of wetlands (PEM) adjacent to an unnamed tributary to Pine Creek (CWF) for the purpose of constructing the Crossing of Wexford residential development. The project is on the east side of Wexford Run Road, approximately 240 feet southeast from the intersection of Wexford Run Road and Bayne and Wexford Road. The project will permanently impact 0.045 acre of PEM wetlands.

   E02-1437. Mills Corporation, 1300 Wilson Boulevard, Suite 400, Arlington, VA 22209. Freeport Road Bridge in Harmar Township, Allegheny County, Pittsburgh ACOE District (New Kensington, PA Quadrangle N:  6.6 inches; W:  12.6 inches) (Latitude: 40° 32` 11"--Longitude: 79° 50` 26"). To operate and maintain an existing single pier bridge having a span of approximately 141 feet and underclearance of 22.9 feet across Deer Creek (WWF) and to widen and maintain the bridge approximately 16.7 feet on the downstream side. The project is part of a proposed development known as Pittsburgh Mills; the bridge widening is needed for anticipated additional mall traffic. The project is on Freeport Road (SR 1001) approximately 200 feet west of its intersection with SR 910.

   E11-302. Department of Transportation, 1620 North Juniata Street, Hollidaysburg, PA 16648. St. Clair Road Stockpile in Lower Yoder Township, Cambria County, Pittsburgh ACOE District (Johnstown, PA Quadrangle N:  16.2 inches; W:  11.8 inches) (Latitude: 40° 20` 21"--Longitude: 78° 57` 35"). To relocate and maintain approximately 360 linear feet of an unnamed tributary to St. Clair Run (CWF). The length of the relocated channel will be reduced to approximately 160 linear feet. To restore and maintain 281 linear feet of the floodway of St. Clair Run (CWF) by excavating the left bank of said stream. To permanently place and maintain fill in 0.36 acre of PEM wetland. The project proposes to directly impact, through relocation, 360 linear feet of intermittent stream (200 linear feet of stream will be lost), through restoration, 0.12 acre of floodway and through placement of fill, 0.36 acre of PEM wetland. To compensate for the wetland impacts, the applicant shall make a monetary contribution to the Pennsylvania Wetland Replacement Project. The purpose of the project is to expand the St. Clair Road Stockpile (No. 17).

   E63-547. Ed McGavitt, 50 Speers Street, Belle Vernon, PA 15102. Barge mooring facility in Speers Borough, Washington County, Pittsburgh ACOE District (Monongahela, PA Quadrangle N:  0.5 inch; W:  1.4 inches) (Latitude: 40° 07` 40"--Longitude: 79° 53` 06"). To operate and maintain the existing barge mooring facility constructed under Permit No. 20070 having a length of 1,225 feet and a minimum width of 156 feet (as measured from the normal pool elevation) in the channel and along the left bank of the Monongahela Riveron the east side of SR 88, approximately 1,700 feet downstream from the intersection of SR 88 and the Interstate Route 70 bridge.

   Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   E25-676, Millcreek Township Supervisors, 3608 West 26th Street, Erie, PA 16506. Zimmerly Road (T-651) Bridge in Millcreek Township, Erie County, ACOE Pittsburgh District (Swanville, PA Quadrangle N:  10.2 inches; W:  2.5 inches).

   The applicant proposes to remove the existing structure and to construct and maintain a prestressed concrete adjacent box beam bridge having a clear span of 95 feet and an average underclearance of 15 feet on a 75 degree skew across Walnut Creek (CWF, MF, perennial) (Swanville, PA Quadrangle N:  10.2 inches; W:  2.5 inches) on Zimmerly Road (T-651) approximately 150 feet west of the intersection of Zimmerly Road (T-651) and Loves Road. The project includes rip-rap protection and relocation of an existing 8-inch diameter sanitary sewer line to attach to the new structure. The project proposes to directly affect 75 linear feet of stream channel.

   E25-677, Department of Transportation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301-1412. SR 0006 Bridge Replacement in the Borough of Union City, Erie County, ACOE Pittsburgh District (Union City, PA-NY Quadrangle N:  4.2 inches; W:  13.0 inches).

   The applicant proposes to remove the existing structure and: (1) to construct and maintain a rolled steel I-beam bridge having a clear span of 75 feet and an underclearance of 11.25 feet on a 90 degree skew across South Branch French Creek (CWF, perennial) on SR 0006 (U. S. Route 6), Section B03, Segment 0260, Offset 1446 approximately 0.5 mile north of the intersection of SR 0006 and SR 0008; and (2) to install of a temporary pedestrian bridge approximately 75 feet upstream of the bridge. The project proposes to directly affect a total of approximately 125 linear feet of stream channel.

   E25-680, Millcreek Township School District, Millcreek Education Center, 3740 West 26th Street, Erie, PA 16506-2096. Asbury Playfields in Millcreek Township, Erie County, ACOE Pittsburgh District (Swanville, PA Quadrangle N:  11.2 inches; W:  7.3 inches).

   The applicant proposes to fill 0.048 acre (de minimis) of nonexceptional value wetland for the construction of playfields adjacent to the Asbury Middle School approximately 0.2 mile southwest of the intersection of West 38th Street and Asbury Road. The project proposes to directly affect 0.048 acre of wetlands.

   E27-072, Forest County Commissioners, Forest County Courthouse, Tionesta, PA 16353. Elm Street Bridge Rehabilitation in Tionesta Borough and Township, Forest County, ACOE Pittsburgh District (Tionesta, PA Quadrangle N:  20.0 inches; W:  10.3 inches).

   The applicant proposes to operate and maintain a concrete arch bridge having a three clear spans of approximately 89 feet each and having an underclearance of approximately 21 feet on a 90 degree skew across Tionesta Creek (CWF, perennial) on (T-394) Elm Street approximately 0.8 mile southeast of the intersection of SR 36 and U. S. Route 62 in Tionesta Borough and Tionesta Township, Forest County. The proposed maintenance project involves: (1) construction of a 0.5-foot facing on the piers and abutments up to the underside of the arches; (2) repairs to concrete on the underside of the arches and spandrel walls; and (3) placement of R-6 riprap at the upstream end of pier no. 2 to fill a scour hole.

   E61-263, Department of Transportation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301. SR 4009, Segment 0070, Offset 1678 Across East Branch Sugar Creek in Oakland Township, Venango County, ACOE Pittsburgh District (Dempseytown, PA Quadrangle N:  3.1 inches; W:  11.3 inches).

   To remove the existing structure and to construct and maintain a prestressed concrete adjacent box beam bridge having a clear span of 82.34 feet and an underclearance of 13.8 feet on a 65 skew across East Branch Sugar Creek on SR 4009, Segment 0070, Offset 1678 approximately 2 miles south of the Village of Sunville.

WATER QUALITY CERTIFICATIONS

   Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

   WQC41-001. Certification Request Initiated by Chief, Civil Project Development Branch, Department of the Army, Baltimore District, U. S. Army Corp. of Engineers, P. O. Box 1715, Baltimore, MD 21203-1715.

   Date of Initial Pennsylvania Bulletin Notice: December 6, 2003

   Chief, Civil Project Development Branch, Department of the Army, Baltimore District, U.S. Army Corp. of Engineers, P. O. Box 1715, Baltimore, MD 21203-1715. Loyalsock Township, Lycoming County, Baltimore District.

   Project Description: The proposed project is to place approximately 1,500 linear feet of R-7 rock rip-rap protection along the west bank of Loyalsock Creek (TSF). The project site is west of Montoursville Borough in Loyalsock Township, Lycoming County and extends from approximately the Interstate 180 bridge, upstream 1,500 feet, to a point near the mouth of Mill Creek (Montoursville North, PA Quadrangle N:  0.5 inch, W:  8.45 inches). The purpose of the project is to stabilize the streambank and to protect an existing sewer line. Rock will be placed over the sewer line and along the creek embankment to protect them from further degradation caused by erosion. In addition to the impact to the stream channel and floodway, it is proposed to temporarily disturb approximately 0.06 acre of palustrine scrub-shrub wetlands, which will be restored upon completion of the project.

   Final Action on Request: Approved


SPECIAL NOTICES

Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Loads (TMDLs) for the Brubaker Run Watershed in Cambria County

   Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931.

   The Department of Environmental Protection (Department) is holding a public meeting on Tuesday, February 17, 2004, at 6:30 p.m. at the Saint Thomas Church, Ashville, PA, to discuss and accept comments on a proposed TMDL. The proposed TMDL was established in accordance with the requirements of the 1996 Section 303(d) of the Clean Water Act. Two stream segments in the Brubaker Run Watershed have been identified as impaired on the 1996, 1998 and 2002 Pennsylvania 303(d) lists due to depressed pH and/or high concentrations of metals. The listed segments and miles degraded are shown in the following table:

Stream Code
Stream Name
Miles
Degraded
26489 (Segment 4026) Brubaker Run 2.9
26489 (Segment 990819-   0920-LMS) Brubaker Run   7.23

   The proposed plan provides calculations of the stream's total capacity to accept metals (aluminum, iron and manganese) and pH and maintain levels below water quality criteria. The applicable water quality criteria are as follows:

Parameter Criterion value (mg/l) Total Recoverable/Dissolved
Aluminum   0.75 Total Recoverable
Iron 1.5 Total Recoverable
Manganese   1.00 Total Recoverable
pH 6.0--9.0 N/A

   The primary pollutant source for the watershed is abandoned mine workings. This watershed was heavily mined for coal in the 20th century. The effects of this are still present. The TMDL consists of both load allocations, which are made to nonpoint sources of pollution and waste load allocations, which are made to point sources of pollution.

   The TMDL was developed using Monte Carlo Simulation (MCS) to determine long-term average concentrations that each stream segment could accept and still meet water quality criteria 99% of the time. MCS allows for the expansion of a dataset based on its statistical makeup. Since there was no critical flow condition where criteria were exceeded, the Department used the average flow to express the loading values in the TMDL.

   The TMDL sets allowable loading rates for metals and acidity at specified points in the watershed. The basis of information used in the establishment of this TMDL is field data collected throughout 2001.

   The data and all supporting information used to develop the proposed TMDL are available from the Department. To request a copy of the proposed TMDL and an information sheet, contact Miles Baird, Cambria District Mining Office, 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900 (between 8 a.m. and 3 p.m., Monday through Friday), mbaird@state.pa.us. Directions to the meeting place can also be obtained through Miles Baird.

   The TMDL can be viewed and printed by accessing the Department's website: www.dep.state.pa.us (DEP Keyword: TMDL).

   Written comments will be accepted at the previous address and must be postmarked by March 31, 2004. Persons who plan to make a presentation at the public meeting should notify the Department by 4 p.m. on Tuesday, February 10, 2004. The Department will consider all comments in developing the final TMDL, which will be submitted to the EPA for approval.

[Pa.B. Doc. No. 04-187. Filed for public inspection January 30, 2004, 9:00 a.m.]



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