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PA Bulletin, Doc. No. 10-1283d

[40 Pa.B. 3968]
[Saturday, July 17, 2010]

[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 Permits Actions

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

56950101 and NPDES No. PA0213012. Action Mining Inc., 1117 Shaw Mines Road, Meyersdale, PA 15552, renewal for the continued operation of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 106.5 acres. Receiving stream(s): unnamed tributaries to/and Pine Run classified for the following use(s): cold water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: February 24, 2010. Permit Issued: June 29, 2010.

56040105 and NPDES No. PA0249602. Hoffman Mining, Inc., P. O. Box 130, 118 Runway Road, Friedens, PA 15541, permit renewal for reclamation only of a bituminous surface and auger mine in Paint Township, Somerset County, affecting 150.1 acres. Receiving stream(s): unnamed tributary to/and Shade Creed classified for the following use(s): cold water fishery. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Border Dam SWI. Application received: February 23, 2010. Permit Issued: July 1, 2010.

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500.

65-09-02 and NPDES Permit No. PA0251861. Britt Energies, Inc. (2450 Philadelphia Street, Indiana, PA 15701). Government Financed Construction Contract issued for reclamation of approximately 8.7 acres of abandoned mine lands located in Derry Township, Westmoreland County. Receiving streams: unnamed tributaries to Conemaugh River. Application received: January 11, 2010. Contract issued: June 23, 2010.

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

17090105 and NPDES No. PA0257150. Sky Haven Coal, Inc. (5510 State Park Road, Penfield, PA 15849). Commencement, operation and restoration of a bituminous surface and auger mine located in Bradford Township, Clearfield County affecting 46.2 acres. Receiving streams: unnamed tributary to Roaring Run classified for Cold Water Fishery. There are no potable water supply intakes within 10 miles downstream. Application received: June 2, 2009. Permit issued: June 23, 2010.

Noncoal Permits Actions

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

08090305 and NPDRS No. PA0257214. Johnson Quarries, Inc. (P. O. Box 136, LeRaysville, PA 18829). Commencement, operation and restoration of a surface large non-coal mine (bluestone) located in Wilmot Township, Bradford County affecting 53.55 acres. Receiving streams: Rocky Forest Creek, unnamed tributary to the Susquehanna River, Susquehanna River classified for the following uses: Cold Water Fisheries. Application received: September 22, 2009. Permit issued: June 24, 2010.

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.

Blasting Permits Actions

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500.

65104005. Helix Seismic International, Inc. (No. 110 7445-45 Avenue Close, Red Deer, AB T4P 4C2). Blasting activity permit for seismic exploration, located in Fairfield and St. Clair Townships, Westmoreland County, with an expected duration of six months. Permit issued: June 22, 2010.

63104004. Dyno Nobel, Inc. (494 Four H Camp Road, Morgantown, WV 26508). Blasting activity permit for the construction of the Raymond Margaria Pad to conduct seismic activities, located in Cross Creek Township, Washington County. The duration of blasting is expected to last one month. Blasting permit issued: June 28, 2010.

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

08104015. John Brainard (3978 SR 2023, Kingsley, PA 18826). Blasting for a well pad—Van DeMark—located in Wilmont Township, Bradford County. Permit issued: June 29, 2010. Permit expires: August 30, 2010.

17104006. L.D. Baumgardner Coal Co., Inc. (P. O. Box 186, Lanse, PA 16849). Blasting on the GFCC permit No. 17-08-17 located in Decatur Township, Clearfield County. Permit issued: June 30, 2010. Permit expires: August 31, 2010.

17104007. Appalachian Geophysical Services, LLC (2659 SR 60, P. O. Box 426, Killbuck, OH 44637). Seismic data acquisition by blasting for Line No. Trin-1-10 located in Sandy Township, Clearfield County. Permit issued: June 30, 2010. Permit expires: October 31, 2010.

41104103. M & J Explosives, Inc. (P. O. Box 608, Carlisle, PA 17013-0608). Blasting for a pipeline—Myers Gathering Line—located in Penn Township, Lycoming County. Permit issued: June 30, 2010. Permit expires: June 30, 2011.

59104007. Doug Wathen, LLC (16282 State Highway 13, Suite J, Branson West, MO 65737). Blasting for Valldes—Pad ''C''—located in Covington Township, Tioga County. Permit issued: June 30, 2010. Permit expires: July 1, 2011.

59104008. Doug Wathen, LLC (16282 State Highway 13, Suite J, Branson West, MO 65737). Construction blasting for Pierson 810 and Fox 813 located in Elk Township, Tioga County. Permit issued: June 30, 2010. Permit expires: July 30, 2011.

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

38104112. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Chicken Houses in Jackson Township, Lebanon County with an expiration date of September 30, 2010. Permit issued: June 28, 2010.

67104112. Douglas Explosives, Inc., (P. O. Box 77, Philipsburg, PA 16866), construction blasting for York Haven By-Pass in York Haven Borough, York County with an expiration date of June 24, 2011. Permit issued: June 28, 2010.

15104104. Pact Construction, Inc., (P. O. Box 74, Ringoes, NJ 08551), construction blasting for Sadsbury Township Sanitary Sewer Extension in Sadsbury Township, Chester County with an expiration date of June 21, 2011. Permit issued: June 30, 2010.

39104105. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Lehigh Hills Development in Upper Macungie Township, Lehigh County with an expiration date of June 22, 2011. Permit issued: June 30, 2010.

66104106. Meshoppen Blasting, Inc., (P. O. Box 127, Meshoppen, PA 18630), construction blasting for Meshoppen Stone Carter Quarry construction project in Meshoppen Township, Wyoming County with an expiration date of June 1, 2011. Permit issued: June 30, 2010.

66104107. Meshoppen Blasting, Inc., (P. O. Box 127, Meshoppen, PA 18630), construction blasting for McGraw Well Site in Washington Township, Wyoming County with an expiration date of July 30, 2010. Permit issued: June 30, 2010.

46104001. Explo-Craft, Inc., (P. O. Box 1332, West Chester, PA 19380), construction blasting at the Lankenau Hospital Campus in Lower Merion Township, Montgomery County with an expiration date of December 31, 2010. Permit issued: July 1, 2010.

36104140. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Sewage Pump Pit in Manheim Township, Lancaster County with an expiration date of August 30, 2010. Permit issued: July 1, 2010.

38104113. J Roy's, Inc., (P. O. Box 125, Bowmansville, PA 17507), construction blasting for a Warehouse in North Londonderry Township, Lebanon County with an expiration date of July 1, 2011. Permit issued: July 1, 2010.

52104108. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Lackawaxen, PA 18435), construction blasting for Blue Heron Woods Development in Blooming Grove and Lackawaxen Townships, Pike County with an expiration date of June 25, 2011. Permit issued: July 1, 2010.

58104113. M & J Explosives, Inc., (P. O. Box 608, Carlisle, PA 17013), construction blasting for a Pipeline in Lathrop Township, Susquehanna County with an expiration date of June 30, 2011. Permit issued: July 1, 2010.

64104105. Austin Powder Northeast, LLC (25800 Science Park Drive, Cleveland, OH 44122), construction blasting for a Natural Gas Well Pad in Starrucca Borough, Wayne County with an expiration date of June 30, 2011. Permit issued: July 1, 2010.

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 AT&T 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 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 Floodplain 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 FWPCA (33 U.S.C.A. § 1341).

Permits, Environmental Assessments and 401 Water Quality Certifications Issued:

WATER OBSTRUCTIONS AND ENCROACHMENTS

Northcentral Region: Watershed Management Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.

E14-533. Department of Transportation, Engineering District 2-0, 1924-30 Daisy Street, Clearfield, PA 16830. Pond M ARD Remediation, in Patton Township, Centre County, ACOE Baltimore District (Julian, PA Quadrangle Latitude: 40° 49` 54"; Longitude: 77° 58` 6").

 To help protect water quality from Acid Rock Discharges (ARD) by proposing a sedimentation basin M pipe by-pass modification that includes the construction and maintenance of: 1) a permanent enclosure of 462 linear feet of Buffalo Run and unnamed tributary within a 60-inch HDPE pipe; 2) a cast-in-place concrete end wall at the inlet of the 60-inch and 42-inch culvert, for the 60-inch enclosure and the modification of an existing 42-inch HDPE pipe; 3) the installation of two USBR Type VI Impact Basins with R-7 riprap for scour protection at the outlets of the 60-inch HDPE and 42-inch HDPE culverts; 4) the temporary use of two 42-inch HDPE pipes to connect the two outlets of the upstream 60-inch concrete pipes to the inlet of the 60-inch enclosure while modifications are made to the existing 42-inch pipe; 5) modifications to an existing 42-inch HDPE pipe to create a total length of 462 feet to act as a overflow channel for the 60-inch culvert; 6) a gravel access maintenance road from SR 3042 to the far left flood fringe; and 7) a subsurface ARD collection and pumping system sedimentation basin M includes: two pump stations, 1,186 linear feet of 2" SDR-11 HDPE force main pipe, 340 linear feet of 3" SDR-17 HDPE force main pipe, 325 linear feet of 8" HDPE perforated pipe, 395 linear feet of 6" HDPE pipe, and placement of 12,025 cubic yards of soil/aggregate within the 100 year floodplain of Buffalo Run, located 2,200 feet northwest of the SR 3042 and SR 550 intersection. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

E41-608. Thomas E. Watson, 350 Heaverly Hill Road, Howard, PA 16841-1923. Watson River Lot Campsite, in Piatt Township, Lycoming County, ACOE Baltimore District (Linden, PA Quadrangle N: 41° 12` 57.5"; W: -77° 13` 38.4").

 To make additions to an existing river lot by proposing to construct and maintain: 1) a 30-foot wide by 32-foot long picnic pavilion using six, 8-inch diameter steel posts and roof with the associated 4-inch concrete slab floor; and 2) a 4-foot deep by 12-foot wide by 100-foot long boat ramp cut into the left river bank compacted made of gravel for the cartway with a 12-foot by 20-foot concrete pad stopping at normal water's edge, located at the end of Bolin's Landing Road near the intersection of SR 287 and SR 220. This permit was issued under Section 105.13(e) ''Small Projects.''

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

E65-932. Ray Patalsky, 1209 Route 286, Export, PA 15632. To place fill in wetlands in Murrysville Borough, Allegheny County, Pittsburgh ACOE District (Murrysville, PA Quadrangle North: 10.2"; West: 2.6", Latitude: 40° 25` 56"; Longitude: 79° 38` 30"). To place and maintain fill in 0.037 acre of wetlands in the Turtle Creek (TSF) watershed, for the purpose of constructing a road and a stormwater management pond, as part of a housing development.

EROSION AND SEDIMENT CONTROL

 The following Erosion and Sediment Control Permits have been issued.

 Any person aggrieved by these actions may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies), 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 AT&T 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 decisional law.

 If individuals want to challenge this action, their appeal must reach the Board within 30 days. Individuals do not need a lawyer 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. If individuals cannot afford a lawyer, individuals may qualify for pro bono representation. Call the Secretary to the Board (717) 787-3483 for more information.

Southwest Region: Oil and Gas Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

6/7/2010
ESCGP-1 No.: ESX10-125-0053
Applicant Name: Range Resources—Appalachia, LLC
Contact: Carla L. Suskowski
Address: 380 Southpointe Boulevard
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Robinson
Receiving Stream(s) and Classifications: UNT to Robinson  Run, other

06/09/2010
ESCGP-1 No.: ESX10-125-0054
Applicant Name: Markwest Liberty Midstream &
 Resources, LLC
Contact Person: Robert McHale
Address: 100 Plaza Drive Suite 102
City: Atlasburg State: PA Zip Code: 15004
County: Washington Township(s): Chariters and Cecil
Receiving Stream(s) and Classifications: Brush Run and  UNT to Brush Run, other

5/21/10
ESCGP-1 No.: ESX10-129-0014
Applicant Name: XTO Energy, Inc.
Contact Person: Tom Dixson
Address: 395 Airport Road
City: Indiana State: PA Zip Code: 15701
County: Westmoreland Township(s): St. Clair/Fairfield
Receiving Stream(s) and Classifications: Hypocrite
 Creek—Hendricks Run—Tubmill Creek (all
 TSWF), other

6/1/2010
ESCGP-1 No.: ESX10-125-0049
Applicant Name: Range Resources—Appalachia, LLC
Contact Person: Carla L. Suszkowski
Address: 380 Southpointe Boulevard
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Somerset
Receiving Stream(s) and Classifications: UNT to North  Branch Pigeon Creek, other

6/3/10 Major Rev.
ESCGP-1 No.: ESX09-129-0031
Applicant Name: Williams Production Appalachia, LLC
Contact Person: David Freudenrich
Address: 1000 Town Center, Suite 103
City: Canonsburg State: PA Zip Code: 15317
COUNTY Westmoreland Township(s): Derry
Receiving Stream(s) and Classifications: Unnamed
 Tributary to Union Run (WWF), other

05/17/2010
ESCGP-1 No.: ESX10-059-0036
Applicant Name: Atlas Resources, Inc.
Contact Person: Jeremy Hirtz
Address: 800 Mt. View Drive
City: Smithfield State: PA Zip Code: 15478
County: Greene Township(s): Cumberland
Receiving Stream(s) and Classifications: Unnamed
 Tributary to Muddy Creek, other

6/23/2010
ESCGP-1 No.: ESX10-129-0015
Applicant Name: Williams Production Appalachia, LLC
Contact Person: David R Freudenrich
Address: 1000 Town Center, Suite 130
City: Canonsburg State: PA Zip Code: 15317
County: Westmoreland Township(s): Derry
Receiving Stream(s) and Classifications: Union Run, other

06/16/2010
ESCGP-1 No.: ESX10-051-0015
Applicant Name: Laurel Mountain Midstream
 c/o Williams Companies, Inc.
Contact Person: Lisa Reaves
Address: 2800 Post Oak Boulevard
City: Houston State: TX Zip Code: 77056
County: Fayette Township(s): German, Redstone and
 Menallen
Receiving Stream(s) and Classifications: Dunlap Creek  (WWF) Middle Monongahela, other

06/09/2010
ESCGP-1 No.: ESX09-059-0018
Applicant Name: EQT Production
Contact Person: Todd Klaner
Address: 455 Racetrack Road
City: Washington State: PA Zip Code: 15301
County: Greene Township(s): Morgan
Receiving Stream(s) and Classifications: Castile Run—
 Warmwater Fishery (WWF)

06/10/2010
ESCGP-1 No.: ESX10-059-0042
Applicant Name: CNX Gas Company, LLC
Contact Person: Daniel Bitz
Address: 200 Evergreene Drive
City: Waynesburg State: PA Zip Code: 15370
County: Greene Township(s): Center
Receiving Stream(s) and Classifications: South Fork Ten  Mile Creek, High Quality

6/4/10
ESCGP-1 No.: ESX10-125-0052
Applicant Name: Chesapeake Appalachia, LLC
Contact: Tal Oden
Address: P. O. Box 18496
City: Oklahoma City State: OK Zip Code: 73154
County: Washington Township(s): West Finley
Receiving Stream(s) and Classifications: UNT (WWF)— Middle Wheeling Creek (WWF)—WV State Line—Ohio  River, other

5/21/10
ESCGP-1 No.: ESX10-111-0003
Applicant Name: Chief Oil & Gas, LLC
Contact Person: Michael Hirtz
Address: 6051 Wallace Road, Ext., Suite 210
City: Wexford State: PA Zip Code: 15090
County: Somerset Township(s): Lower Turkeyfoot
Receiving Stream(s) and Classifications: 2 UNT to Laurel  Hill Creek, HQ

06/04/2010
ESCGP-1 No.: ESX10-125-0051
Applicant Name: Range Resources—Appalachia, LLC
Contact Person: Carla Suszkowski
Address: 380 Southpointe Boulevard, Suite 300
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Independence
Receiving Stream(s) and Classifications: Sugarcamp
 Run, HQ

06/08/2010
ESCGP-1 No.: ESX10-125-0055
Applicant Name: Chesapeake Appalachia, LLC
Contact Person:
Address: P. O. Box 18496
City: Oklahoma City State: OK Zip Code: 73154
County: Washington Township(s): Cross Creek
Receiving Stream(s) and Classifications: Unnamed
 Tributary—(WWF), Burgettstown Fork—(WWF)
 Raccoon Creek—(WWF) Ohio River—(WWF), other

06/11/2010
ESCGP-1 No.: ESX10-051-0014
Applicant Name: Atlas Resources, LLC
Contact Person: Jeremy Hirtz
Address: 800 Mountain View Drive
City: Smithville State: PA Zip Code: 15478
County: Fayette Township(s): Redstone
Receiving Stream(s) and Classifications: Colvin Run,
 other

6/18/2010
ESCGP-1 No.: ESX10-051-0016
Applicant Name: Atlas Energy Resources, LLC
Contact:
Address: 800 Mountian View Drive
City: Smithfield State: PA Zip Code: 15478
County: Fayette Township(s): Dunbar
Receiving Stream(s) and Classifications: UNT 40061 to
 Rankin Run, other

6/18/2010 Minor Revision
ESCGP-1 No.: ESX10-003-0001
Applicant Name: Range Resources—Appalachia, LLC
Contact Person:
Address: 380 Southpointe Boulevard, Suite 300
City: Canonsburg State: PA Zip Code: 15317
County: Allegheny Township(s): Frazer
Receiving Stream(s) and Classifications: Yutes Run, other  Secondary Water Tawney Run

6/22/2010
ESCGP-1 No.: ESX10-051-0018
Applicant Name: Phillips Exploration, Inc.
Contact: Gary Clark
Address: 502 Keystone Drive
City: Warrendale State: PA Zip Code: 15086
County: Fayette Township(s): Dunbar
Receiving Stream(s) and Classifications: UNT of
 Dickerson Run—WWF, other

6/22/10 Minor Rev.
ESCGP-1 No.: ESX10-125-0037
Applicant Name: EQT Production Company
Contact: Todd Klaner
Address: 455 Racetrack Road, Suite 101
City: Washington State: PA Zip Code: 15301
County: Washington Township(s): Amwell
Receiving Stream(s) and Classifications: Tenmile Creek,  Smith Run, other

6/14/10 Major Rev.
ESCGP-1 No.: ESX09-125-0055
Applicant Name: Chesapeake Appalachia, LLC
Contact: Tal Oden
Address: P. O. Box 18496
City: Oklahoma City State: OK Zip Code: 73154
County: Washington Township(s): Hanover
Receiving Stream(s) and Classifications: Receiving Water/ Watershed Name—UNT (WWF) to Harmon Creek  (WWF) to West Virginia
 Secondary Receiving Stream Data—UNT (WWF) to  Raccoon Creek (WWF) to Ohio River (WWF), other


SPECIAL NOTICES

Notice of Certification to Perform Radon-Related Activities in Pennsylvania

 In the month of June 2010, the Department of Environmental Protection, under the Radon Certification Act (63 P. S. §§ 2001—2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed 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.

NameAddressType of Certification
Accredited Radon of Allentown 2517 Treeline Drive
Easton, PA 18040
Mitigation
Gerald Aubrey 1517 Daws Road
Blue Bell, PA 19422
Testing
William Barroner 1275 Lark Road
Williamsburg, PA 16693
Testing
Don Cessna 407 West Sample Street
Ebensburg, PA 15931
Testing
Edward Cummins 429 Schuylkill Road
Phoenixville, PA 19460
Testing
Gregory Gibson P. O. Box 733
Tannersville, PA 18372
Testing
Scott Gillian P. O. Box 63839
Philadelphia, PA 19147
Testing
Dana Hillerby 105 Carroll Avenue
Glenside, PA 19038
Testing
Richard Hoffman 4359 Linglestown Road
Harrisburg, PA 17112
Testing
Judith Hood-Scheidler 5676 Valleyview Drive
Bethel Park, PA 15102
Testing
James F. Andrews Enterprises 353 Loveville Road
Warriors Mark, PA 16877
Mitigation
Kirk Knappman 421 West Chocolate Avenue
Hershey, PA 17033
Testing
L & J Marketing, Inc. 289 Town Center Boulevard
Easton, PA 18040
Testing
Matthew Muelhing 454 Rockwood Drive
Elizabethtown, PA 17022
Testing
Roman Paul 36 East Marshall Street
Suite 731
Norristown, PA 19401
Testing
Peter Piazza 106 Winslow Court
Greensburg, PA 15601
Testing
Quality Home Services
of Deleware Valley
700 Braxton Road
Ridley Park, PA 19078
Testing
RJH Radon Mitigation, Inc. 943 High Street
Akron, PA 17501
Mitigation
Jon Selko 1276 Bethel Green Drive
Bethel Park, PA 15102
Testing
Mike Sheely 1000 Wolfe Road
Enola, PA 17025
Testing
Michael Stabile 2 Stonecrest Road
Blakeslee, PA 18610
Testing
Michael Tokarczyk 753 Lutzville Road
Everett, PA 15537
Mitigation
Jody Viscomi 1304 Eynon Street
Scranton, PA 18504
Testing
Gary Walters 4 Sherwood Drive
Enola, PA 17025
Mitigation
David Wotring R. R. 1
Box 491
Scotrun, PA 18533
Testing

Request for Proposals for Professional Design Services—Geotechnical Engineering Services

Issuing Office
Bureau of Waterways Engineering
Department of Environmental Protection
3rd Floor Rachel Carson State Office Building
400 Market Street
P. O. Box 8460
Harrisburg, PA 17105-8460

RFP Number
BWE- 10-1

Date of Issuance
July 17, 2010

Request for Proposals for

BWE- 10-1

Table of Contents

Calendar of Events
Part I   General Information
Part II   Scope of Work
Part III   Disadvantaged Business Participation
Part IV   Criteria for Selection of Highest Qualified Firm; Fee Negotiation
Part V    General Requirements for Submissions
Appendix ADGS Form 150-ASP

Calendar of Events

 The Commonwealth will make every effort to adhere to the following schedule:

Activity
Responsibility
Date
Advertise RFP Issuing Office
7/17/2010
Deadline to submit Questions via e-mail to jkraeuter@state.pa.us Potential Offerors
8/9/2010
Answers to Potential Offeror questions e-mailed to
the Offerors no later than this date
Issuing Office
8/23/2010
Sealed Proposal must be received by the Issuing Office at Department of Environmental Protection
Bureau of Waterways Engineering
P. O. Box 8460
Harrisburg, PA 17105-8460
Offerors
4 p.m.
9/3/2010
Proposed Contract Award Date Issuing Office
10/1/2010

PART 1
GENERAL INFORMATION

I-1. Authority and Objective.

 The Department of Environmental Protection (Department) is authorized under section 905 of the Commonwealth Procurement Code (62 Pa.C.S. 101 et seq.) (CPC) to procure design professional services. Under this authority, the Department will retain a Geotechnical Engineering Consultant to assist and advise the Department's Bureau of Waterways Engineering on proposed and existing water related projects, including flood protection structures and dams. It is the intent of the Department that the contract awarded as a result of this RFP is for a 5 year period with a total of $300,000.00 in available funds. The contract will be based on the hours of service and qualifying expenses not exceeding the contract amount. Projects will be assigned on an as-needed basis.

I-2. Specific.

 Interested firms must have professional registered engineers and geologists licensed to practice in this Commonwealth on their staffs that have experience in geotechnical engineering. Small engineering firms, small disadvantaged business firms, socially disadvantaged business firms and other engineering firms, which have not previously performed work for the Department, are encouraged to submit proposals.

I-3. Response Date.

 To be considered for selection, hard copies of proposals must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will reject, unopened, any late proposals.

I-4. Type of Contract.

 It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a standard design professional contract, with payment to be made on a time and materials basis. The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.

I-5. Addenda to the RFP.

 If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will issue an addendum to all proposers who have requested a copy of the RFP.

I-6. Discussions for Clarification.

 Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification.

I-7. Issuing Office.

 The Department of Environmental Protection (Issuing Office) has issued this RFP on behalf of the Commonwealth. The sole point of contact and Issuing Officer in the Commonwealth for this RFP shall be:

John J. Kraeuter, Chief
Environmental and Geological Services Section
Bureau of Waterways Engineering
Department of Environmental Protection,
400 Market Street
3rd Floor
Rachel Carson State Office Building
P. O. Box 8460
Harrisburg, PA 17105-8460

E-mail address: jkraeuter@state.pa.us
Please refer all inquiries to the Issuing Officer.

I-8. Rejection of Proposals.

 The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposals received as a result of this RFP.

PART II
SCOPE OF WORK

II-1. Nature and Scope of the Project.

 The services will focus on assisting and advising the Department's Bureau of Waterways Engineering on geotechnical engineering issues associated with the investigation, design or construction of proposed and existing flood protection projects, dams and stream improvement projects. Responsibilities may include, but are not limited to, site visits with Department personnel; sub-surface investigations and review and testing of soil and rock samples; and reviewing geotechnical reports, plans and specifications for proposed and existing projects.

II-2. Requirements.

 The Geotechnical Engineering Consultant must have professional registered engineers and geologists, licensed to practice in this Commonwealth, on their staffs that have experience in geotechnical engineering. The Consultant's area of responsibility will include projects throughout this Commonwealth. Projects will be assigned on an as needed basis. The selected firm may be required to perform work on multiple projects concurrently; therefore, it is important that the Consultant proceed with each assignment to completion on a timely basis.

II-3. Tasks and Reports.

 1. Prior to the Department assigning a specific project, the consultant shall submit a written proposal that identifies the work elements of each task, the resources assigned to each task, the time allotted to each element and the deliverable items produced. This may require a preliminary meeting for each project with the Department. The Department will review the proposal and when deemed satisfactory will issue a written notice to proceed to the Consultant.

 2. A final report shall be submitted to the Department for each project assignment. The final report should include, but is not limited to the following:

 a. Summarize the result of the review or investigation.

 b. Describe data collection and analytical and other techniques used during the review or investigation.

 c. Summarize findings, conclusions and recommendations for each assignment.

 d. Include all supporting documentation.

 e. Make recommendations based on current engineering principles and designs.

PART III
DISADVANTAGED BUSINESS PARTICIPATION

PART III-1. General Information.

Disadvantaged Business Information:

 The Issuing Office encourages participation by small disadvantaged businesses as prime contractors, joint ventures and subcontractors/suppliers and by socially disadvantaged businesses as prime contractors.

 Small Disadvantaged Businesses are small businesses that are owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. The term includes:

 a. Department of General Services Bureau of Minority and Women Business Opportunities (BMWBO)-certified minority business enterprises (MBEs) and women business enterprises (WBEs) that qualify as small businesses; and

 b. United States Small Business Administration certified 8(a) small disadvantaged business concerns.

 c. Businesses that BMWBO determines meet the Small Business Administration criteria for designation as a small disadvantaged business.

 Small businesses are businesses in the United States which are independently owned, are not dominant in their field of operation, employ no more than 100 full-time or full-time equivalent employees, and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).

 Socially disadvantaged businesses are businesses in the United States that BMWBO determines are owned or controlled by a majority of persons, not limited to members of minority groups, who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small businesses. In order for a business to qualify as ''socially disadvantaged,'' the offeror must include in its proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person's color, ethnic origin or gender.

 Questions regarding this Program can be directed to:

Department of General Services
Bureau of Minority & Women Business
 Opportunities
Room 611, North Office Building
Harrisburg, PA 17125
Phone: (717) 783-3119
Fax: (717) 787-7052
E-mail: gs-bmwbo@state.pa.us
Web site: www.portal.state.pa.us/portal/
 server.pt?open=512&objID=1360&mode=2

 A database of BMWBO-certified minority- and women-owned businesses can be accessed at www.dgsweb.state. pa.us/mbewbe/VendorSearch.aspx. The Federal vendor database can be accessed at www.ccr.gov by clicking on ''Dynamic Small Business Search'' (certified companies are so indicated).

Information Concerning Small Businesses in Enterprise Zones:

 The Issuing Office encourages participation by small businesses, whose primary or headquarters facility is physically located in areas the Commonwealth has identified as Designated Enterprise Zones, as prime contractors, joint ventures and subcontractors/suppliers.

 The definition of headquarters includes but is not limited to an office or location that is the administrative center of a business or enterprise where most of the important functions of the business are conducted or concentrated and location where employees are conducting the business of the company on a regular and routine basis so as to contribute to the economic development of the geographical area in which the office or business is geographically located.

 Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).

 There is no database or directory of small business located in Designated Enterprise Zones. Information on the location of Designated Enterprise Zones can be obtained by contacting:

Aldona M. Kartorie
Center for Community Building
Department of Community and Economic
 Development
4th Floor Keystone Building
400 North Street
Harrisburg, PA 17120-0225
Phone: (717) 720-7409
Fax: (717) 787-4088
E-mail: akartorie@state.pa.us
www.newpa.com/programDetail.aspx?id=76

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PART III-2. Disadvantaged Businesses Submittal.

a. Disadvantaged Business Information:

 i) To receive credit for being a Small Disadvantaged Business or a Socially Disadvantaged Business or for entering into a joint venture agreement with a Small Disadvantaged Business or for subcontracting with a Small Disadvantaged Business (including purchasing supplies and/or services through a purchase agreement), an Offeror must include proof of Disadvantaged Business qualification in the Disadvantaged Business Submittal of the proposal, as indicated below:

 1) A Small Disadvantaged Business certified by BMWBO as an MBE/WBE must provide a photocopy of their BMWBO certificate.

 2) Businesses certified by the United States Small Business Administration under Section 8(a) of the Small Business Act (15 U.S.C. § 636(a)) as an 8(a) small disadvantaged business must submit proof of United States Small Business Administration certification. The owners of such businesses must also submit proof of United States citizenship.

 3) Businesses, which assert that they meet the United States Small Business Administration criteria for designation as a small disadvantaged business, must submit: a) self-certification that the business meets the Small Business Administration criteria; and b) documentary proof to support the self-certification. The owners of such businesses must also submit proof of United States citizenship, and provide any relevant disadvantaged business certifications by other certifying entities.

 4) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or United States Small Business Administration certification as an 8(a) or self-certification as a United States Small Business Administration small disadvantaged business, must attest to the fact that the business has 100 or fewer employees.

 5) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or United States Small Business Administration certification as an 8(a) or self-certification as a United States Small Business Administration small disadvantaged business, must submit proof that their gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.

 ii) All companies claiming status as a Socially Disadvantaged Business must include in the Disadvantaged Business submittal of the proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person's color, ethnic origin or gender. The submitted evidence of prejudice or bias must:

 1) Be rooted in treatment which the business person has experienced in American society, not in other countries.

 2) Show prejudice or bias that is chronic and substantial, not fleeting or insignificant.

 3) Indicate that the business person's experience with the racial or ethnic prejudice or cultural bias has negatively impacted on his or her entry into and/or advancement in the business world.

 BMWBO shall determine whether the contractor has established that a business is socially disadvantaged by clear and convincing evidence.

 iii) In addition to the previously listed verifications, the Offeror must include in the Disadvantaged Business Submittal of the proposal the following information:

 1) Those Small Disadvantaged Businesses submitting a proposal as the Offeror, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Offeror and not by subcontractors and suppliers.

 2) Those Small Disadvantaged Businesses submitting a proposal as a part of a joint venture partnership, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Small Disadvantaged Business joint venture partner and not by subcontractors and suppliers or by joint venture partners who are not Small Disadvantaged Businesses. Offeror must also provide:

 a) The amount of capital, if any, each Small Disadvantaged Business joint venture partner will be expected to provide.

 b) A copy of the joint venture agreement signed by all parties.

 c) The business name, address, name and telephone number of the primary contact person for the Small Disadvantaged Business joint venture partner.

 3) All Offerors must include a numerical percentage which represents the total percentage of the total cost in the Cost Submittal that the Offeror commits to paying to Small Disadvantaged Businesses as subcontractors. To support its total percentage DB subcontractor commitment, Offeror must also include:

 a) The dollar amount of each subcontract commitment to a Small Disadvantaged Business;

 b) The name of each Small Disadvantaged Business. The Offeror will not receive credit for stating that after the contract is awarded it will find a Small Disadvantaged Business.

 c) The services or supplies each Small Disadvantaged Business will provide, including the time frame for providing the services or supplies.

 d) The location where each Small Disadvantaged Business will perform services.

 e) The time frame for each Small Disadvantaged Business to provide or deliver the goods or services.

 f) A signed subcontract or letter of intent for each Small Disadvantaged Business. The subcontract or letter of intent must identify the specific work, goods or services the Small Disadvantaged Business will perform and how the work, goods or services relates to the project.

 g) The name, address and telephone number of the primary contact person for each Small Disadvantaged Business.

 4) The total percentages and each subcontractor commitment will become contractual obligations once the contract is fully executed.

 5) The name and telephone number of the Offeror's project (contact) person for the Small Disadvantaged Business information.

 iv) The Offeror is required to submit two copies of its Disadvantaged Business Submittal. The submittal shall be clearly identified as Disadvantaged Business information and sealed in its own envelope, separate from the remainder of the proposal.

 v) A Small Disadvantaged Business can be included as a subcontractor with as many prime contractors as it chooses in separate proposals.

 vi) An Offeror that qualifies as a Small Disadvantaged Business and submits a proposal as a prime contractor is not prohibited from being included as a subcontractor in separate proposals submitted by other Offerors.

b. Enterprise Zone Small Business Participation.

 i) To receive credit for being an enterprise zone small business or entering into a joint venture agreement with an enterprise zone small business or subcontracting with an enterprise zone small business, an Offeror must include the following information in the Disadvantaged Business Submittal of the proposal:

 1) Proof of the location of the business' headquarters (such as a lease or deed or Department of State corporate registration), including a description of those activities that occur at the site to support the other businesses in the enterprise zone.

 2) Confirmation of the enterprise zone in which it is located (obtained from the local enterprise zone office).

 3) Proof of United States citizenship of the owners of the business.

 4) Certification that the business employs 100 or fewer employees.

 5) Proof that the business' gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.

 6) Documentation of business organization, if applicable, such as articles of incorporation, partnership agreement or other documents of organization.

 ii) In addition to the previously listed verifications, the Offeror must include in the Disadvantaged Business Submittal of the proposal the following information:

 1) The name and telephone number of the Offeror's project (contact) person for the Enterprise Zone Small Business.

 2) The business name, address, name and telephone number of the primary contact person for each Enterprise Zone Small Business included in the proposal. The Offeror must specify each Enterprise Zone Small Business to which it is making commitments. The Offeror will not receive credit for stating that it will find an Enterprise Zone Small Business after the contract is awarded or for listing several businesses and stating that one will be selected later.

 3) The specific work, goods or services each Enterprise Zone Small Business will perform or provide.

 4) The total cost amount submitted in the Offeror's cost proposal and the estimated dollar value of the contract to each Enterprise Zone Small Business.

 5) Of the estimated dollar value of the contract to each Enterprise Zone Small Business, the percent of the total value of services or products purchased or subcontracted that each Enterprise Zone Small Business will provide.

 6) The location where each Enterprise Zone Small Business will perform these services.

 7) The time frame for each Enterprise Zone Small Business to provide or deliver the goods or services.

 8) The amount of capital, if any, each Enterprise Zone Small Business will be expected to provide.

 9) The form and amount of compensation each Enterprise Zone Small Business will receive.

 10) For a joint venture agreement, a copy of the agreement, signed by all parties.

 11) For a subcontract, a signed subcontract or letter of intent.

 iii) The dollar value of the commitment to each Enterprise Zone Small Business must be included in the same sealed envelope with the Disadvantaged Business Submittal of the proposal. The following will become a contractual obligation once the contract is fully executed:

 1) The amount of the selected Offeror's Enterprise Zone Small Business commitment;

 2) The name of each Enterprise Zone Small Business; and

 3) The services each Enterprise Zone Small Business will provide, including the time frame for performing the services.

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PART III-3. Criteria for Selection.

Disadvantaged Business Participation:

 BMWBO has established the weight for the Disadvantaged Business Participation criterion for this RFP as [Insert the percentage] % of the total points. Evaluation will be based upon the following in order of priority:

Priority Rank 1 Proposals submitted by Small Disadvantaged Businesses.

Priority Rank 2 Proposals submitted from a joint venture with a Small Disadvantaged Business as a joint venture partner.

Priority Rank 3 Proposals submitted with subcontracting commitments to Small Disadvantaged Businesses.

Priority Rank 4 Proposals submitted by Socially Disadvantaged Businesses.

 Each proposal will be rated for its approach to enhancing the utilization of Small Disadvantaged Businesses and/or Socially Disadvantaged Businesses. Each approach will be evaluated, with Priority Rank 1 receiving the highest score and the succeeding options receiving scores in accordance with the previously-listed priority ranking

 To the extent that an Offeror qualifies as a Small Disadvantaged Business or a Socially Disadvantaged Business, the Small Disadvantaged Business or Socially Disadvantaged Business cannot enter into subcontract arrangements for more than 40% of the total estimated dollar amount of the contract. If a Small Disadvantaged Business or a Socially Disadvantaged Business subcontracts more than 40% of the total estimated dollar amount of the contract to other contractors, the Disadvantaged Business Participation scoring shall be proportionally lower for that proposal.

Enterprise Zone Small Business Participation:

 In accordance with the priority ranks listed below, bonus points in addition to the total points for this RFP, will be given for the Enterprise Zone Small Business Participation criterion. The maximum bonus points for this criterion is 3% of the total points for this RFP. The following options will be considered as part of the final criteria for selection:

Priority Rank 1 Proposals submitted by an Enterprise Zone Small Business will receive the highest score.

Priority Rank 2 Proposals submitted by a joint venture with an Enterprise Zone Small Business as a joint venture partner will receive the next highest score for this criterion.

Priority Rank 3 Proposals submitted with a subcontracting commitment to an Enterprise Zone Small Business will receive the lowest score for this criterion.

Priority Rank 4 Proposals with no Enterprise Zone Small Business Utilization shall receive no points under this criterion.

 To the extent that an Offeror is an Enterprise Zone Small Business, the Offeror cannot enter into contract or subcontract arrangements for more than 40% of the total estimated dollar amount of the contract in order to qualify as an Enterprise Zone Small Business for purposes of this RFP.

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PART III-4. Work Statement.

Contract Requirements—Disadvantaged Business Participation and Enterprise Zone Small Business Participation:

 All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must also include a provision requiring the selected contractor to meet and maintain those commitments made to Disadvantaged Businesses and/or Enterprise Zone Small Businesses at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by the BMWBO. All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must include a provision requiring Small Disadvantaged Business subcontractors, Enterprise Zone Small Business subcontractors and Small Disadvantaged Businesses or Enterprise Zone Small Businesses in a joint venture to perform at least 50% of the subcontract or Small Disadvantaged Business/Enterprise Zone Small Business participation portion of the joint venture.

 The selected contractor's commitments to Disadvantaged Businesses and/or Enterprise Zone Small Businesses made at the time of proposal submittal or contract negotiation shall be maintained throughout the term of the contract. Any proposed change must be submitted to BMWBO, which will make a recommendation to the Contracting Officer regarding a course of action.

 If a contract is assigned to another contractor, the new contractor must maintain the Disadvantaged Business participation and/or Enterprise Zone Small Business participation of the original contract.

 The selected contractor shall complete the Prime Contractor's Quarterly Utilization Report (or similar type document containing the same information) and submit it to the contracting officer of the Issuing Office and BMWBO within 10 workdays at the end of each quarter the contract is in force. This information will be used to determine the actual dollar amount paid to Small Disadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers, and Small Disadvantaged Business and/or Enterprise Zone Small Business participants involved in joint ventures. Also, this information will serve as a record of fulfillment of the commitment the selected contractor made and for which it received Disadvantaged Business and Enterprise Zone Small Business points. If there was no activity during the quarter then the form must be completed by stating ''No activity in this quarter.''

 NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCE STATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITY POLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTE PROOF OF DISADVANTAGED BUSINESSES STATUS OR ENTITLE AN OFFEROR TO RECEIVE CREDIT FOR DISADVANTAGED BUSINESSES UTILIZATION.

PART IV
CRITERIA FOR SELECTION OF HIGHEST QUALIFIED FIRM; FEE NEGOTIATION

IV-1. Highest Qualified Firm Determination.

 All proposals received from Professionals will be reviewed and evaluated by the Department in accordance with the selection method set forth in Section 905 of the CPC. The following factors will be considered in making the selection of the highest qualified firm in order of relative importance from the highest to the lowest weighted factors:

1. Technical: Evaluation will be based upon the following in order of importance, from the highest to the lowest weighted factors.

 a. Professional Qualifications. This refers to the particular capability of the contractor to meet the terms of the RFP and perform the services for the contract being considered. Relevant factors would include time constraint, the contractor's financial ability to undertake a project of the required size, the quality and how recent studies and projects were completed by the contractor, and the competence of professional personnel who would be assigned to the job by the contractor. The qualifications of professional personnel will be measured by experience and education, with particular reference to experience on studies/services similar to that described in the RFP. Particular emphasis is placed on the qualifications of the project manager.

 b. Past Record of Performance. This refers to the quality and how recent studies and projects were completed by the contractor, with particular reference to projects similar to that described in the RFP. Relevant factors would include cost control, work quality, and ability to meet schedules.

 c. Soundness of Approach. Emphasis here is on the techniques for collecting and analyzing data, sequence and relationships of major steps, and methods for managing the study/service. Of equal importance is whether the technical approach is completely responsive to all written specifications and requirements contained in the RFP and it appears to meet agency objectives.

 d. Professional Personnel. This refers to the ability of the contractor to have the necessary available personnel to complete the work within the time limitations. The selected firm may be required to perform work on multiple projects concurrently.

 e. Geographic Proximity of Professional to the Work. This contract will be for work Commonwealth wide. Emphasis will be placed on firms with a central location or firms with multiple locations in the Commonwealth, in order to minimize travel expense costs to the Department.

 f. Equitable Distribution of Contracts to Design Professionals. The Commonwealth will make a reasonable attempt to equalize the assignment of contracts to qualified professionals.

2. Non-Technical

 a. Disadvantaged Businesses participation (Evaluated by DGS).

 b. Enterprise Zone Small Business participation (Evaluated by DGS).

 Proposers shall relate their proposal to the above criteria.

IV-2. Fee Negotiation.

 In accordance with the selection method in Section 905 (g) of the CPC, once the Department has determined the highest qualified firm, it will request cost data from that firm as a basis for negotiating a fee determined to be fair and reasonable to the Commonwealth. If a satisfactory contract with this firm is not negotiated, negotiations shall be formally terminated and the Department shall begin negotiations with the firm determined to be the second highest qualified firm, and so forth, until a contract is negotiated with a firm determined to be qualified.

PART V
GENERAL REQUIREMENTS FOR SUBMISSION

 Firms interested in performing the required services for this project are invited to submit Proposals to Patricia McSparran, Director, Bureau of Waterways Engineering, Department of Environmental Protection, Rachel Carson State Office Building, 3rd Floor, 400 Market Street, P. O. Box 8460, Harrisburg, PA 17105-8460. Contact John Kraeuter at 717.772.5959 for general information concerning the engineering work.

 Each Letter of Interest must include the firm's Federal identification number and the project reference number. The Letter of Interest shall also include a description of the firm's three most recently completed projects similar to the project proposed. The description shall include the client, contact person and phone number, the project manager, and the names of all personnel who made major contributions to the project. The Letter of Interest shall indicate the firm's capability of working on multiple projects at the same time and understanding of the Department's needs; and shall address all technical criteria for selection set forth in Section IV-1.1. A standard DGS Form 150-ASP must accompany the Letter of Interest and shall indicate the individual in charge. Form 150-ASP is attached hereto as Appendix A. Additional information pertinent to the firm's qualifications to do the work of this contract shall be included with the Letter of Interest. Direct costs other than payroll, such as travel and subsistence, shall be based on the current state rates. The Department shall reimburse miscellaneous expenses such as copies, prints, sepias, postage and film at cost upon approval.

 A complete Proposal shall consist of the following:

 1. Non-Technical Submittal

 One copy of the Disadvantaged Business/Enterprise Zone Small Business section, bound and sealed separately from the remainder of the proposal; and

 2. Technical Submittal

 Six copies of the complete set consisting of the Letter of Interest and the required form 150- ASP. Proposals must be received no later than 4 p.m. on September 3, 2010. The six copies of the Technical Submittal shall be submitted in six complete sets that shall be spiral bound or in folders or secured by binder clips. The assignment of services will be made, if at all, to one or more of the firms responding to this notice. However, the Department reserves the right to reject all Proposals submitted, cancel the solicitation requested under this notice, and/or re-advertise solicitation for this service.

 The Department will not offer a debriefing session to the unsuccessful firms. The Department disclaims any liability whatsoever as to its review of the proposal submitted and in formulating a recommendation for selections. Recommendations made by the Department shall be final.

NPDES Permit PAI012306006, Waiver 2 (WL 2306303), GP-5 (052307312), Stormwater, Water Obstructions and Encroachments, Sentinel Ridge Development, LLC, 110 North Phoenixville Pike, Suite 100, Malvern, PA 19355, has applied to transfer the previously-referenced permits and waiver; and to construct and maintain water obstructions or encroachments; conduct earth disturbance activities and discharge stormwater associated with construction activities in Marple Township, Delaware County to Crum Creek (WWF) and to Holland Run (aka Hotland Run) (WWF).

 The Department of Environmental Protection (Department), by this notice, transfers the previously-referenced authorizations from Pulte Homes of PA, LP to Sentinel Ridge Development, LLC. In addition, the Department has reviewed the revised permit application documentation and plans submitted by Sentinel Ridge Development, LLC and proposes, based upon its evaluation, that the NPDES permit suspension imposed by the October 22, 2009, Order of the Environmental Hearing Board (EHB) in the matter of Crum Creek Neighbors v. DEP and Pulte Homes of PA, L.P., EHB Docket No. 2007-287-L, be partially lifted to allow Sentinel Ridge Development, LLC to conduct earth disturbance activities and discharge stormwater associated with construction activities to Crum Creek (WWF) and Holland Run (WWF) in accordance with the terms of the NPDES permit, including supporting documentation and plans. The Best Management Practices for the project site, as set forth in the previously-referenced NPDES permit and supporting documentation and plans, were approved in the previously-referenced EHB decision, and constitute the effluent limitations proposed for this project. Sentinel Ridge Development, LLC is not authorized by the partial lifting of the NPDES permit suspension to discharge stormwater associated with construction activities, conduct earth disturbance activities, or construct, operate, maintain, modify, enlarge or abandon a water obstruction or encroachment, draining into or in the portion of the Holland Run watershed classified as Exceptional Value (EV), a tributary to Crum Creek.

 The Department will accept public comment for 30 days on its proposed partial lifting of the NPDES permit suspension described previously. Additionally, public comment will be accepted on the proposal by Sentinel Ridge Development, LLC to revise the sequencing of activities under the NPDES permit; incorporate a cul-de-sac to the end of the proposed entrance road for the project; and add a temporary sediment trap that will be removed upon stabilization of the project. Written comments should be addressed to the Regional Manager, Watershed Management Program, 2 East Main Street, Norristown, PA 19401.

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500.

Application for National Pollutant Discharge Elimination System (NPDES) Permit to Discharge to State Waters

Greensburg District Mining Operations: 8205 Route 819, Greensburg, PA 15601; Telephone: 724-925-5500.

Application No. NPDES PA0119172, Treated Mine Drainage, Shenango, Inc. (200 Neville Road, Pittsburgh, PA 15225). This facility is located in Luzerne Township, Fayette County.

 Description of activity: The application is for an amendment of an NPDES permit for an existing discharge of treated mine water. The proposed NPDES permit amendment is based on the proposed revision to the TMDL for Wallace Run.

 The receiving stream, Wallace Run, is in the Monongahela River Watershed, and classified as WWF. The nearest downstream public water supply intake is for Southwestern PA Water Authority and is located on the Monongahela River, approximately 2.7 miles downstream. The discharge is not expected to affect the water supply.

 The proposed effluent limits for Outfalls 13T and 10T for a design flow of 0.1 MGD are:

I. Effluent Limitations and Monitoring Requirements

 A. Mine Drainage Treatment Facilities

Outfall Numbers Latitude Longitude
13T 39° 56` 39" 79° 54` 39"
10T 39° 55` 55" 79° 54` 10"

 Based on the hydrologic data and anticipated wastewater characteristics and flows described in the permit application and its supporting documents and/or revisions, the following effluent limitations and monitoring requirements apply to the previously listed outfall numbers.

Discharge Limitations

Discharge Parameter Average Monthly Maximum Daily Instantaneous Maximum
Total Iron (Fe) 3.0 mg/l 6.0 mg/l 7.0 mg/l
Total Manganese (Mn) 2.0 mg/l 4.0 mg/l 5.0 mg/l
Total Aluminum (Al) 0.75 mg/l 1.5 mg/l 1.88 mg/l

 pH Not less than 6.0 standard units nor greater than 9.0 standard units at all times.

 Alkalinity must exceed acidity at all times.

 Individuals may make an appointment to review the Department of Environmental Protection (Department) files on the TMDL for Wallace Run by calling the File Review Coordinator at 717-705-4732. Individuals may make an appointment to review the Department files on the amendment to NPDES Permit No. 0119172 by calling the File Review Coordinator at 724-925-5500.

 The Wallace Run TMDL, originally approved by USEPA in 2008, is proposed to be revised to reflect scenarios based on the addition of the discharge from the NPDES discharge associated with the Shenango permit.

 The data and all supporting documentation used to develop the proposed TMDL is available from the Department. To request a copy of the proposed TMDL, contact:

Bill Brown, Environmental Group Manager
TMDL Development Section
Watershed Protection Division
Department of Environmental Protection
P. O. Box 8555
Harrisburg, PA 17105-8555
Phone: 717-772-5670, E-mail: willbrown@state.pa.us

 The TMDLs can be accessed through the Department web site (http://www.depweb.state.pa.us) by clicking on the Department Programs A-Z Link, then the TMDL link. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling 1-800-654-5984 (TDD users) or 1-800-654-5988 (voice users) and request that the call be relayed.

 The data and all supporting documentation used to amend NPDES Permit No. 0119172 are available from the Department's Greensburg District Mining Office. To request a copy of the file for NPDES Permit No. 0119172, contact:

Scott Jones, Hydrogeologist
DEP
8205 SR 819
Greensburg, PA 15601
Phone: 724-925-5516, E-mail: deajones@state.pa.us

 Written and e-mail comments on the TMDL will be accepted at the address Watershed Protection Division address previously listed. Written and e-mail comments on NPDES Permit No. 0119172 will be accepted at the Greensburg District Mining Office address listed-previously. Written comments must be received by August 17, 2010. Comments will not be accepted by facsimile or voice mail. The Department will consider all comments in developing the final TMDL and the final NPDES Permit No. 0119172, which will be submitted to EPA for approval.

 This public notice includes the contact person for the Shenango NPDES Permit No. 0119172, the new contact person for the Wallace Run TMDL, and includes the average monthly and daily maximum effluent limits for the Shenango NPDES Permit No. 0119172 which were omitted from the May 25, 2010 public notice.

 This public comment period is in addition to the one published on May 25, 2010, for the proposed TMDL for Wallace Run and proposed NPDES Permit No. 0119172. Comments filed during the previous comment period will be addressed together with comments received during this comment period.

[Pa.B. Doc. No. 10-1283. Filed for public inspection July 16, 2010, 9:00 a.m.]



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