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PA Bulletin, Doc. No. 07-1290c

[37 Pa.B. 3457]
[Saturday, July 21, 2007]

[Continued from previous Web Page]

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151--161); and 25 Pa. Code § 211.124 (relating to blasting activity permits). 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.

   Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

   28074138. Warrens Excavating & Drilling, Inc., (P. O. Box 189, Bowmansville, PA 17507-0189), blasting activity permit issued for residential development in Southampton Township, Franklin County. Blasting activity permit end date is June 15, 2008. Permit issued June 26, 2007.

   21074147. R & M Excavating, (403 Hilltop Road, Newburg, PA 17240-9202), blasting activity permit issued for residential development in Shippensburg Borough, Cumberland County. Blasting activity permit end date is June 27, 2008. Permit issued June 29, 2007.

   21074146. Keystone Blasting Services, (381 Reifsnyder Road, Lititz, PA 17543), blasting activity permit issued for manure pit development in North Newton Township, Cumberland County. Blasting activity permit end date is September 30, 2007. Permit issued June 29, 2007.

   Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.

   42074003. U.S. Energy and Development Corporation (2350 North Forest Road, Getzville, NY 14068). Blasting activity permit for gas and oil exploration in Corydon Township, McKean County. This blasting activity permit will expire on July 5, 2008. Application received July 3, 2007. Application issued July 5, 2007.

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

   22074113. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Wyndhurst Manor in Lower Paxton Township, Dauphin County with an expiration date of June 15, 2008. Permit issued July 3, 2007.

   58074101. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419), construction blasting for a single dwelling in Springville Township, Susquehanna County with an expiration date of October 30, 2007. Permit issued July 3, 2007.

   06074116. Brubacher Excavating, Inc., (P. O. Box 528, Bowmansville, PA 17507), construction blasting for Deerfield Phase IV in Cumru Township, Berks County with an expiration date of June 30, 2008. Permit issued July 5, 2007.

   15074110. M & J Explosives, Inc., (P. O. Box 608, Carlisle, PA 17013), construction blasting for Meadow View in West Bradford Township, Chester County with an expiration date of June 30, 2008. Permit issued July 5, 2007.

   36074170. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for a pool on Charlotte Street in Manor Township, Lancaster County with an expiration date of June 15, 2008. Permit issued July 5, 2007.

   06074117. J. Roy's, Inc., (Box 125, Bowmansville, PA 17507), construction blasting for University Village Apartments in Maxatawny Township, Berks County with an expiration date of July 4, 2008. Permit issued July 6, 2007.

   36074171. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Crestwood Estates in Conoy Township, Lancaster County with an expiration date of July 15, 2008. Permit issued July 6, 2007.

   36074172. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Veranda Development in East Hempfield Township, Lancaster County with an expiration date of July 1, 2008. Permit issued July 6, 2007.

   36074173. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Clearbrook Development in East Donegal Township, Lancaster County with an expiration date of July 1, 2008. Permit issued July 6, 2007.

   38074114. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for South Lebanon Township, Lebanon County with an expiration date of July 1, 2008. Permit issued July 6, 2007.

   38074115. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Fox Hill Estates in South Londonderry Township, Lebanon County with an expiration date of July 1, 2008. Permit issued July 6, 2007.

   46074114. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Sunnybrook Village in Lower Pottsgrove Township, Montgomery County with an expiration date of July 1, 2008. Permit issued July 6, 2007.

   67074132. M & J Explosives, Inc., (P. O. Box 608, Carlisle, PA 17013), construction blasting for York Railway Company in Spring Garden Township, York County with an expiration date of June 30, 2008. Permit issued July 6, 2007.

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 should 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

   Northeast Regional Office, Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   E45-491. Mel and Susan Burchman, 712 A Trenton Road, Langhorne, PA 19047. Tobyhanna Township, Monroe County, United States Army Corps of Engineers Philadelphia District.

   To please fill in approximately 0.16 acre of PFO wetlands for the purpose of constructing a single-family dwelling on Lot 20, Unit 2, Section 11 of Lake Naomi Estates residential subdivision. The project is located between Tanglewood Drive and Upper Tunkhannock Creek, approximately 0.2 mile north of SR 0940. (Pocono Pines, PA Quadrangle N: 21.2 inches; W: 7.5 inches). (Subbasin: 2A)

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

   E42-325, Universal Well Services, Inc., 201 Arch Street, Meadville, PA 16335. Rutherford Run Lot Development, in Bradford Township, McKean County, ACOE Pittsburgh District (Bradford, PA Quadrangle N:  41° 56` 05"; W:  78° 38` 36").

   To conduct the following activities associated with development of a corner lot at the intersection of High Street and Rutherford Run Road:

   1.  Fill a deminimis area (0.05 acre) of PEM wetland.

   2.  Construct and maintain a 92-foot long, 15-inch diameter culvert in a tributary to Rutherford Run having a contributor drainage area of less than 100 acres.

   3.  Excavate and stabilize as restoration of an area of the right 50-foot floodway along an approximately 250-foot reach of Rutherford Run.

   E43-341. Lake Latonka Property Owners Association, 420 Latonka Drive, Mercer, PA 16137. Dock Replacements in Jackson and Coolspring Townships, Mercer County, ACOE Pittsburgh District.

   To conduct the following projects in Coolspring and Jackson Townships in Mercer County: 1) remove and replace Dock 2 (Jackson Center, PA Quadrangle N:  41° 16` 20"; W:  80° 10` 53") with a 100-foot long by 3.5-foot wide mainframe, having three slips on each side. Total square footage of the new dock will be 660 square feet. 2) remove and replace Dock 3 (Jackson Center, PA Quadrangle N:  41° 16` 46.5"; W:  80° 10` 46") with a 120-foot long by 3.5-foot wide mainframe, having three slips on each side. Total square footage of the new dock will be 720 square feet. 3) remove and replace Dock 10 (Jackson Center, PA Quadrangle N:  41° 16` 19"; W:  80° 11` 17"). The existing mainframe along the shoreline will be used and eight new slips measuring 20-feet long by 3-feet wide will be added to the structure. Total square footage of the new slips will be 720 square feet.


SPECIAL NOTICES

Revised Application and Public Hearing Invitation

Revised Application and Public Hearing for NPDES Permit No. PAS10S119; Proposed Alpine Rose Resorts, Eldred Township, Monroe County

   NPDES Permit No. PAS10S119. On March 28, 2005, the Department of Environmental Protection (Department) issued the permit to Alpine Rose Resorts, Inc. (Alpine Rose) for the discharge of stormwater from construction activities at its proposed project site in Eldred Township, Monroe County. A public hearing on the original permit application was held on January 23, 2003. On or about April 22, 2005, Blue Mountain Preservation Association, Inc. (BMPA) filed an appeal with the Environmental Hearing Board (EHB) challenging the Department's issuance of NPDES Permit No. PAS10S119, for failure to comply with the antidegradation requirements found in 25 Pa. Code § 93.4c (relating to drainage list C). On September 7, 2006, after hearing, the EHB issued an Adjudication and Order sustaining BMPA's appeal, vacating the permit and remanding the matter to Department for consideration in accordance with the Adjudication. On April 28, 2007, the Department published notice of receipt of the revised Alpine Rose application documentation and plans submitted to the Department in accordance with the EHB's September 7, 2006 Order.

   The Department hereby notices its tentative determination to issue the revised Individual NPDES Permit No. PAS10S119 to Alpine Rose Resorts, Inc., based upon the revised application documentation and plans, for the discharge of stormwater from construction activities at the project site in Eldred Township, Monroe County. The Best Management Practices described in the revised plans submitted with the revised permit application documentation constitute the effluent limitations proposed for the project.

   The Department will hold a public hearing to accept comment on the revised application documentation and plans associated with the Individual NPDES Permit Application No. PAS10S119 for the discharge of stormwater from construction activities to the Aquashicola Creek and tributaries thereof from the proposed Alpine Rose Resorts project site in Eldred Township, Monroe County. The hearing is in response to BMPA's request for a public hearing on the revised application documentation and plans submitted by Alpine Rose Resorts, Inc. in response to the EHB's September 7, 2006, order. In their request for this public hearing, BMPA indicated that they have data that contradicts the Alpine Rose's Antidegradation and Thermal Impacts Analysis.

   The public hearing will be conducted on Wednesday, August 22, 2007, at 7 p.m. at the Eldred Elementary School, Kunkletown Road, Kunkletown, Eldred Township, Monroe County by the Watershed Management Program, Permitting and Technical Services Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   The Department requests that individuals wishing to testify at the hearing submit a written notice of intent to Alpine Rose Resorts Hearing, Department of Environmental Protection, Watershed Management Program, 2 Public Square, Wilkes-Barre, PA 18711. The Department will accept notices up to the day of the hearing. The Department requests that individuals limit their testimony to 10 minutes so that all individuals have the opportunity to testify. The Department can only review comments made with regard to the revised NPDES Permit Application No. PAS10S119 documentation and plans. Written copies of oral testimony are requested. Relinquishing time to others will not be allowed. Individuals attending the hearing will have the opportunity to testify if they so desire; however, individuals who preregister to testify will be given priority on the agenda.

   Persons with a disability who wish to testify and require an auxiliary aid, service or other accommodation should contact Christine Domashinski at (570) 826-2511 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department can meet their needs.

   The revised NPDES permit application documentation and plans are available for review at the Monroe County Conservation District Office, Stroudsburg, PA, (570) 629-3060, or the DEP Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA (570) 826-2511. For further information, contact Mark Carmon of the Department's Northeast Regional Office at (570) 826-2511.

NPDES Stormwater Individual Permit

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

   Monroe County Conservation District: 8050 Running Valley Road, Stroudsburg, PA 18360, (570) 629-3060.

   NPDES Permit PAS10S119, Stormwater, Alpine Rose Resorts, Inc., 4626 Kathi Drive, Bethlehem, PA 18017-8701, has applied to discharge stormwater associated with a construction activity located in Eldred Township, Monroe County to Aquashicola Creek (HQ-CWF) and tributaries thereof. This notice addresses the Department's review and tentative approval of revised permit application documentation and plans submitted by Alpine Rose Resorts, Inc. in accordance with the September 7, 2006 EHB Order, and the Department's tentative determination to issue the permit. The Best Management Practices described in the revised plans submitted with the revised permit application documentation constitute the effluent limitations proposed for the project.

[Pa.B. Doc. No. 07-1290. Filed for public inspection July 20, 2007, 9:00 a.m.]



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