[35 Pa.B. 2132]
[Continued from previous Web Page]
COAL AND NONCOAL MINING ACTIVITY APPLICATIONS 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). Mining activity permits issued in response to applications will also address the applicable permitting requirements of the following statutes: the Air Pollution 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).
The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of an application is available for inspection at the district mining office indicated before an application. Where a 401 Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for certification.
Written comments, objections or requests for informal conferences on applications may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the district mining office indicated before an application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121--77.123 and 86.31--86.34.
Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. NPDES permits will contain, at a minimum, technology-based effluent limitations as identified in this notice for the respective coal and noncoal applications. In addition, more restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit, when necessary, for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies who have requested review of NPDES permit requirements for a particular mining activity within the previously mentioned public comment period will be provided with a 30-day period to review and submit comments on the requirements.
Written comments or objections should contain the name, address and telephone number of the person submitting comments or objections; the application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based. Requests for an informal conference must contain the name, address and telephone number of requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor wishes to have the conference conducted in the locality of the proposed mining activities.
Coal Applications Received
Effluent Limits
The following coal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: (1) surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; and mined areas backfilled and revegetated; and (2) drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.
California District Mining Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100.
02941601. NPDES Permit No. PA0215627, Weleski Terminals, Inc., (151 West Fourth Avenue, P. O. Box 428, Tarentum, PA 15084), to renew the permit for the Allegheny River Dock in Tarentum Borough, Allegheny County and related NPDES permit. No additional discharges. Application received January 11, 2005.
30950701. NPDES Permit No. PA0215619, Consolidation Coal Company, (1 Bridge Street, Monongah, WV 26554), to renew the permit for the Hughes Hollow Slurry Impoundment in Wayne and Gilmore Townships, Greene County and related NPDES permit. No additional discharges. Application received March 11, 2005.
Greensburg District Mining Office: R. R. 2, Box 603-C, Greensburg, PA 15601, (724) 925-5500.
65950105 and NPDES Permit No. 0201227. Mehalic Bros. (1089 Sessi Road, Latrobe, PA 15650). Renewal application for reclamation only to an existing bituminous surface mine, located in Mt. Pleasant Township, Westmoreland County, affecting 140 acres. Receiving streams: UNT to Welty Run and Welty Run, classified for the following use: CWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Renewal application received: March 21, 2005.
Knox District Mining Office: P. O. Box 669, Knox, PA 16232, (814) 797-1191.
16990105 and NPDES Permit No. PA0241661. Sky Haven Coal, Inc. (5510 State Park Road, Penfield, PA 15849). Renewal of an existing bituminous surface strip operation in Clarion Township, Clarion County affecting 132.3 acres. Receiving streams: Two UNTs to Little Mill Creek classified for the following: CWF. There are no potable surface water supply intakes within 10 miles downstream. Application received March 18, 2005.
33890119 and NPDES Permit No. PA0207560. Sky Haven Coal, Inc. (5510 State Park Road, Penfield, PA 15849). Renewal of an existing bituminous surface strip operation in Winslow Township, Jefferson County affecting 111.7 acres. Receiving streams: McCreight Run and Trout Run classified for the following: CWF. There are no potable surface water supply intakes within 10 miles downstream. Application received March 21, 2005.
10000104 and NPDES Permit No. PA0241784. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127). Revision to an existing bituminous strip operation to change the post-mining land use from forestland to a post-mining land use of unmanaged natural habitat on John P. Stoops Sr. and DeWayne Major properties in Slippery Rock and Cherry Townships, Butler County affecting 33.6 acres. Receiving streams: UNT to Slippery Rock Creek, classified for the following: CWF. There are no potable surface water supply intakes within 10 miles downstream. Application received March 22, 2005.
Pottsville District Mining Office: 5 W. Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
35920101R2 and NPDES Permit No. PA0596060. Maco Associates, Inc., (400 Mill Street, Dunmore, PA 18512), renewal of an existing anthracite surface mine operation in Fell Township, Lackawanna County affecting 1700 acres, receiving stream: Wilson Creek. Application received March 21, 2005.
Noncoal Applications Received
Effluent Limits
The following noncoal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-day Daily Instantaneous Parameter Average Maximum Maximum suspended solids 35 mg/l 70 mg/l 90 mg/l Alkalinity exceeding acidity1 pH1 greater than 6.0; less than 9.0
1The parameter is applicable at all times. A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.
Greensburg District Mining Office: R. R. 2, Box 603-C, Greensburg, PA 15601, (724) 925-5500.
3474SM46 and NPDES Permit No. PA0589853. Collier Stone Company (80 Noblestown Road, Pittsburgh, PA 15106). NPDES Renewal of a noncoal surface mine, located in Collier Township, Allegheny County, affecting 33.7 acres. Receiving streams: Scotts Run and Robinson Run, classified for the following use: CWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Renewal application received: March 21, 2005.
Pottsville District Mining Office: 5 W. Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
7574SM2A1C7. Hempt Bros., Inc., (205 Creek Road, Camp Hill, PA 17011), correction to an existing quarry operation to add clean fill for reclamation in Lower Allen Township, Cumberland County affecting 226.6 acres, receiving stream: Cedar Run. Application received March 17, 2005.
06940301C2. Eastern Industries, Inc., (4401 Camp Meeting Road, Suite 200, Center Valley, PA 18034), correction to an existing quarry operation for an incidental boundary correction in Maxatawny Township, Berks County affecting 47.2 acres, receiving stream: none. Application received March 21, 2005.
7775SM6C5. Glen-Gery Corporation, (P. O. Box 7001, Wyomissing, PA 19610), correction to an existing quarry operation for an incidental boundary correction in Perry Township, Berks County affecting 114.7 acres, receiving stream: UNT to Schuylkill River. Application received March 22, 2005.
7775SM6A2C7. Glen-Gery Corporation, (P. O. Box 7001, Wyomissing, PA 19610), correction to an existing quarry operation for an incidental boundary correction in Perry Township, Berks County affecting 225.0 acres, receiving stream: UNT to Schuylkill River. Application received March 22, 2005.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the State to certify that the involved projects will not violate the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the regional office noted before the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.
The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on each working day at the regional office noted before the application.
Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications Received Under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and Section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and Requests for Certification Under Section 401 of the Federal Water Pollution Control Act (33 U.S.C. §§ 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E35-382. Putter Pub, LLC d/b/a Scranton Municipal Golf Course, P. O. Box 3515, Scranton, PA, in Jefferson Township, Lackawanna County, United States Army Corps of Engineers, Baltimore District.
To expand and maintain the reservoir of an off-stream nonjurisdictional dam with work consisting of removing accumulated sediment and expanding surface area of the reservoir by approximately 0.75 acre for the purpose of improving the golf course irrigation system (Olyphant, PA Quadrangle N: 4.2 inches; W: 2.1 inches).
E40-646. Gerri A. Insalaco, 412 Westport Circle, Pittston, PA 18640, in Harveys Lake Borough, Luzerne County, United States Army Corps of Engineers, Baltimore District.
To modify and maintain an existing pile-supported dock structure in Harveys Lake (HQ-CWF), with work consisting of constructing a 33-foot by 11-foot boat garage to replace the existing boatslip. The structure (existing and proposed) extends approximately 45-feet from the shoreline and has an overall width of approximately 46-feet. The project is located at Pole No. 297 along Lakeside Drive. (Harveys Lake, PA Quadrangle N: 18.4 inches; W: 5.7 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E22-490: City of Harrisburg, The Martin Luther King, Jr. City Government Center, 10 North 2nd Street, Harrisburg, PA 17101-1677 in the City of Harrisburg, Dauphin County, ACOA Baltimore District.
To renovate and maintain the city island's baseball stadium called Commerce Bank Park by reconstructing the baseball field, clubhouses, grandstands, concessions, offices, parking lots and other related structures to upgrade its class to Class AAA facility located within the floodway and floodplain of the Susquehanna River (WWF) (Harrisburg East, PA Quadrangle N: 1.1 inches; W: 2.1 inches) in the City of Harrisburg, Dauphin County.
E05-311: James S. Claycomb, 1532 Gordon Hall Road, Osterburg, PA 16667 in West Saint Claire Township, Bedford County, ACOE Baltimore District.
To construct and maintain a 14-foot by 55-foot steel I-beam bridge with a wooden deck across the channel of Georges Creek (WWF), a perennial stream, at a point (Alum Bank, PA Quadrangle N: 12.2 inches; W: 12.5 inches) approximately 2,200 feet upstream of the SR 96 bridge in West Saint Claire Township, Bedford County.
E29-091: Fulton County Conservation District, 216 North 2nd Street, McConnellsburg, PA 17233 in Ayr Township, Fulton County, ACOE Baltimore District.
To construct and maintain a stream rehabilitation project on 425 feet of Cove Creek (CWF) and 60 feet of an UNT to Cove Creek (CWF) beginning at the SR 1004 bridge (Latitude: 39° 56` 01", Longitude: 78° 00` 08") and continuing to a point (Latitude: 39° 55` 57", Longitude: 78° 00` 10") 425 feet downstream involving: (1) the removal of 117 yd3 of material on the right floodway of Cove Creek; (2) the removal of 58 yd3 of material on the left floodway of Cove Creek; (3) the installation of a 50-foot stone retaining wall on the left bank of Cove Creek; (4) the removal of 120 feet of an earthen berm and the installation of a 120-foot concrete floodwall on the left floodway of Cove Creek; (5) the installation of a rock cross vane in Cove Creek; (6) the installation of random boulders in Cove Creek; and (7) regrading of 30 feet of the left bank along with the installation of 30 feet of rock toe on the left bank of the UNT to Cove Creek all for the purpose of stabilizing the channels while improving flood storage capacity, aesthetics, riparian habitat and educational opportunities in Ayr Township and the Borough of McConnellsburg, Fulton County. The project proposes to directly affect a total of 485 linear feet of stream channel, and 175 yd3 of floodway.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E08-422. Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. Bridge replacement, in Ulster and Sheshequin Township, Bradford County, ACOE Baltimore District (Towanda, PA Quadrangle N: 18.1 inches; W: 16.3 inches).
To: 1) replace the existing 2,011-foot long, 14 span through truss bridge which has a clear roadway width of 18 feet, 4 Pratt through-truss spans each 237 feet 4 inches long and 10 warren pony truss spans, each 103 feet 4 inches, on a 90° skew with substructures consisting of a two stone masonry abutments and 13 stone masonry piers. The maximum underclearance is about 30 feet while the minimum underclearance is about 7 feet; 2) construct and maintain a 1,900-foot long prestressed concrete I-beam superstructure. The structure consists of 12 spans of 158 feet 7 inches each and a composite deck support on reinforced concrete piers and abutments. The structure alignment will be shifted approximately 165 feet to the south at the east end to meet the section of SR 1022 which comes from North Rome, at its intersection with SR 1043 and will tie into the existing roadway about 350 feet west of the west abutment. The proposed structure will be on a skew of 90° with a minimum and maximum underclearance of 12 and 32 feet respectively with a clear roadway width of 34 feet 0 inches. R-8 riprap lining is to be placed in front of both abutments and around piers 1 to 5 in the river channel and R-6 lining is to be placed around piers 6 to 11 on the east floodplain; 3) construct, maintain and remove a 6 foot--8 foot deep rock temporary access road of to provide access to the bridge construction site and causeways A and B from SR 1043 construct abutment No. 2 and piers 6--11; 4) construct, maintain and remove temporary causeway A including 3 bridge openings to sustain river and aquatic movement across the North Branch Susquehanna River; 5) construct, maintain and remove causeway B stage I to provide access for demolition and removal of span 1 and 2 trusses and pier 1 of the existing bridge; 6) construct, maintain and remove causeway B Stage II to provide access for demolition and removal of spans 3 and 4 trusses and piers 2 and 3 of the existing bridge. 7) to replace the existing 84-inch diameter CMP located at the intersection of SR 1022 and SR 1043.
The proposed bridge will cross the North Branch of the Susquehanna River on SR 1022, Section 003 in the village of Ulster in Ulster Township, Bradford County.
The project will temporarily impact about 0.09 acre of Palustrine Forested Wetlands and 150 feet of waterway. The North Branch of the Susquehanna River is a WWF Stream.
E14-470. Department of Transportation, Engineering District 2-0, 1924-30 Daisy Street Extension, P. O. Box 342, Clearfield, PA 16830. SR 6220, Section B12 Temporary Stream Crossing, in Patton Township, Centre County, ACOE Baltimore District (Julian, PA Quadrangle N: 11.5 inches; W: 7.5 inches).
To maintain a temporary stream crossing, until December 31, 2006, with one 60-inch and six 48-inch corrugated metal pipes with the associated 150-foot long by 4-foot wide by 3-foot deep temporarily relocated low-flow stream channel for a UNT of Buffalo Run (locally known as Waddle Creek) located 100 feet upstream of the SR 3022 bridge. The project will temporarily impact 150 linear feet of Waddle Creek, which is in a HQ-CWF drainage area.
E14-472. Taylor Township Supervisors, 11480 S. Eagle Valley Road, Port Matilda, PA 16870. McMonagle Lane Stream Crossing, in Taylor Township, Centre County, ACOE Baltimore District (Port Matilida, PA Quadrangle N: 6.75 inches; W: 16.5 inches).
To maintain: 1) a 77-inch by 52-inch by 35-foot long corrugated metal pipe arch with a flared inlet section; 2) a 77-inch by 52-inch by 20-foot long corrugated metal pipe arch with a flared inlet section; and 3) R-4 riprap at the inlets and outlets of the tow culverts, and to place and maintain a bituminous road surface over the crossing to reduce overtopping erosion of the low flow crossing, located on McMonagle Lane 300 feet northeast of its intersection with Bell Hollow Road. This has permanently impacted 70 linear feet of Bell Hollow, which is a CWF.
E17-407. Mosquito Creek Sportsmen Association, P. O. Box 218, Frenchville, PA 16836. Deserter Run/Lost Run Vertical Flow and Gifford Run High Flow Buff Channel Project for Acid Precipitation Abatement in Girard Township, Clearfield County, ACOE Baltimore District (The Knobs, PA Quadrangle N: 10.38 inches; W: 5.9 inches).
To construct, operate and maintain vertical flow wetland systems along Deserter Run and Lost Run (HQ-CWF); and two high flow buffer channels along Gifford Run (HQ-CWF) for alkaline addition to abate acid precipitation in the Mosquito Creek Watershed. The vertical flow wetland systems require a nonjurisdictional 4.5-foot high concrete dam be constructed across both Deserter and Lost Run; a water intake structure be constructed in the channel of both waterways; and a 6-inch diameter plastic outlet pipe along the waterways. The high flow buffer channels require rock cross-vanes be constructed across Gifford Run at two locations and a step pool sequenced high flow channel be constructed in the floodway of the waterway. The vertical flow wetland systems will result in a cumulative, permanent wetland impact of 0.011-acre, temporary wetland impact of 0.021 acre and permanent waterway impact of 50 feet. The high flow buffer channel systems will not impact wetlands while resulting in 25-feet of permanent waterway impact. The western limit of the projects is located along the Merrill Road 0.9-mile north of the Caledonia Pike and Merrill Road intersection.
E18-386. Department of Transportation, Engineering District 2-0, 1924-30 Daisy Street Extension, P. O. Box 342, Clearfield, PA 16830. SR 2004, Section A04 Cedar Run, in Lamar Township, Clinton County, ACOE Baltimore District (Mill Hall, PA Quadrangle N: 5.65 inches; W: 6.20 inches).
To remove the existing bridge, then to construct and maintain a prestressed concrete adjacent box beam bridge with a 54 foot clear span and a minimum underclearance of 3 feet 6 inches located 0.2 mile on SR 2004 (Mackeyville Road) from SR 0064. This project propose to impact 70 linear feet of Cedar Run, which is classified as a HQ-CWF--Class ''A'' Wild Trout stream, and permanently impact 0.01 acre of wetlands.
E60-168. Lewisburg Recreation Authority, c/o Greg Wetzel, 629 Fairground Road, Lewisburg, PA 17837. Playground, in Lewisburg Borough, Union County, ACOE Baltimore District (Lewisburg, PA Quadrangle N: 16.1 inches; W: 3.3 inches).
To construct and maintain a youth playground, a tot lot, a skate park, a spray fountain, climbing boulders, a parking lot expansion, a life trail and picnic areas and an underground stormwater detention basin in the floodplain of Limestone Run off 15th Street about 1,200 feet from the intersection of 15th Street with Saint Mary Street in the Borough of Lewisburg.
The project will not impact waterways while impacting 0.8 acres of wetland and less than 5 acres of earth disturbance. Limestone Run is a WWF Stream.
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E26-325. Department of Transportation, District 12-0, P. O. Box 459, Uniontown, PA 15401. To extend and maintain an existing box culvert in South Union Township, Fayette County, Pittsburgh ACOE District. (Uniontown, PA Quadrangle N: 0.9 inch; W: 16.8 inches and Latitude: 39° 52` 48"-- Longitude: 79° 44` 4"). The applicant proposes: 1) to extend and maintain, with matching span and rise, an existing 214.0-foot long, 9.0-foot wide by 6.0-foot high box culvert 103.0 feet at the upstream end and 273.0 feet at the downstream end in a UNT to Coal Lick Run (WWF) (SR 0119 Station 379+15.00); 2) to relocate 360.0 linear feet of a UNT to Coal Lick Run (WWF) at the upstream end of culvert No. 1 and construct and maintain 290.0 linear feet of new stream channel (southbound on-ramp Station 8+10 to Station 11+0) 70.0 linear feet of stream channel will be lost; 3) to construct and maintain concrete lining in the invert of an existing 496.0-foot long, 10.5-foot diameter corrugated metal pipe in a UNT to Coal Lick Run (WWF) (SR 3009 Station 72+32.01); 4) to construct and maintain a 125.0-foot long, 48-inch diameter reinforced concrete pipe in a UNT to Coal Lick Run (WWF) (Northbound off-ramp Station 34+20). This structure qualifies for Department waiver § 105.12(a)(2). The applicant proposes to impact 501.0 linear feet of perennial stream by enclosures, 360.0 linear feet of stream by relocation, and 496.0 linear feet of perennial stream by invert paving. To compensate for stream impacts the applicant will do 1,000 linear feet of riparian plantings. No vegetated wetlands will be impacted.
E65-871. Greengate Development, LLC, 2127 Innerbelt Business Center Drive, Suite 200, St. Louis, MO 63114. To construct culverts and outfalls in Hempfield Township, Westmoreland County, Pittsburgh ACOE District. (Greensburg, PA Quadrangle N: 11.0 inches; W: 12.0 inches and Latitude: 40° 18` 38"--Longitude: 79° 35` 10"). The applicant proposes to construct and maintain four 54" diameter culverts (with the two center culverts depressed 1`) approximately 181 foot long within a UNT to Brush Creek (TSF) and to construct various stormwater outfalls to the same stream. The project is part of a proposed internal circulation roadway system for the reconstruction and reuse of two existing commercial retail centers, Hempfield Plaza and Greengate Centre. The project is located on the north side of Route 30 next to the existing Greengate Mall. The total proposed stream impacts proposed by this project is approximately 181` to a UNT to Brush Creek.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E20-540, Lloyd Akins and John Zinnamosca, 12515 Culvert Lane, Conneaut Lake, PA 16316. Storage Building, in Summit Township, Crawford County, ACOE Pittsburgh District (Harmonsburg, PA Quadrangle N: 4.9 inches; W: 8.3 inches).
The applicant proposes to construct and maintain a storage building involving to fill approximately 0.02 acre (de minimis) of PSS wetlands approximately 200 feet NE of the intersection of SR 18 and T-567 (Phelps Road).
E25-040A, T. E. Flower Estate, 6390 West Lake Road, Erie, PA 16505. Avonia Beach Boat Club Amendment, in Fairview Township, Erie County, ACOE Pittsburgh District (Fairview, PA Quadrangle N: 12.2 inches; W: 3.0 inches).
The applicant proposes to amend permit E25-040A which authorized Theodore E. Flower to maintain an existing marina and to perform maintenance dredging of the marina at the mouth of Trout Run and in Lake Erie in Fairview Township, Erie County.
The proposed amendment is to:
To restore the site to a natural condition involving the following: 1) to remove the existing docks and infrastructure within the marina; 2) to remove the existing north marina wall and northeast marina breakwater; 3) to leave the west, east and south marina walls in place; and 4) to fill 0.64 acre of the existing marina basin with sand and with stone/concrete from the demolished marina walls and breakwaters.
Lake Erie is a perennial body of water classified as a CWF. Trout Run is a perennial stream classified as a CWF and MF.
E25-404A, Erie-Western Pennsylvania Port Authority, 208 East Bayfront Parkway, Suite 201, Erie, PA 16507-2405. Erie-Western Pennsylvania Port Authority Facility Maintenance Dredging Amendment Request in the City of Erie, Erie County, ACOE Pittsburgh District.
The applicant is requesting an amendment to Permit No. E25-404A which authorizes the Erie-Western Pennsylvania Port Authority to perform maintenance dredging at the following in and along Presque Isle Bay and Lake, City of Erie, Erie County:
1. Chestnut Street launch ramp (Erie North, PA Quadrangle N: 1.25 inches; W: 13.25 inches).
2. West Canal Basin (Erie North, PA Quadrangle N: 2.0 inches; W: 12.2 inches).
3. East Canal Basin (Erie North, PA Quadrangle N: 2.4 inches; W: 12.3 inches).
4. Erie Marine, Inc., dock (Erie North, PA Quadrangle N: 2.5 inches; W: 11.7 inches).
5. The ''ore dock'' (Erie North, PA Quadrangle N: 2.6 inches; W: 11.3 inches).
6. Erie International Marine Terminal (Erie North, PA Quadrangle N: 4.5 inches; W: 11.0 inches).
7. Captain John E. Lampe Marina (Erie North, PA Quadrangle N: 4.2 inches; W: 10.0 inches).
8. East Avenue launch ramp (Erie North, PA Quadrangle N: 3.6 inches; W: 8.9 inches).
9. Perry's Landing Marina between Piers I and II (Erie North, PA Quadrangle N: 0.7 inch; W: 15.0 inches) and between Piers II and III (Erie North, PA Quadrangle N: 0.7 inch; W: 14.7 inches) totaling approximately 10 acres.
10. Bay Harbour Marina (Erie North, PA Quadrangle N: 1.0 inch; W: 14.4 inches) approximately 6 acres.
11. Commodore Perry Yacht Club (Erie North, PA Quadrangle N: 1.1 inches; W: 14.1 inches) approximately 14 acres.
12. Cherry Street Marina (Erie North, PA Quadrangle N: 1.1 inches; W: 13.9 inches) approximately 9 acres.
13. Walnut Street Marina (Erie North, PA Quadrangle N: 1.3 inches; W: 13.7 inches) approximately 7 acres.
14. Jolly Rodgers Marina (Erie North, PA Quadrangle N: 1.4 inches; W: 13.5 inches) approximately 14 acres.
15. Chestnut Street Marina (Erie North, PA Quadrangle N: 1.6 inches; W: 13.3 inches) approximately 4 acres.
16. Sassafras Street Pier, two locations (Erie North, PA Quadrangle N: 1.9 inches; W: 13.0 inches) and (Erie North, PA Quadrangle N: 2.3 inches; W: 12.9 inches) totaling approximately 6 acres.
17. Holland Street Pier (Erie North, PA Quadrangle N: 2.2 inches; W: 11.9 inches) approximately 3 acres.
18. Grain Elevator Slip (Erie North, PA Quadrangle N: 2.6 inches; W: 11.7 inches) approximately 5 acres.
19. Graving Dock Slip (Dry Dock) (Erie North, PA Quadrangle N: 2.7 inches; W: 11.5 inches) approximately 3 acres.
20. Access area to Grain Elevator Slip, Graving Dock (Dry Dock) Slip and Coal Ore Dock Slip (''ore dock'') (Erie North, PA Quadrangle N: 3.1 inches; W: 11.6 inches) approximately 10 acres.
Special Condition C of Permit E25-404A requires the permittee to obtain individual Federal Water Pollution Control Act Section 401 Water Quality Certification from the Department for disposal of dredged material into the United States Army Corps of Engineers Confined Disposal Facility prior to each dredging and disposal event.
Special Condition D of Permit E25-404A requires the following: Prior to any dredging activity, all dredged material for disposal into the CDF shall be sampled and tested, in situ, in accordance with Attachment A, ''Sample Collection and Testing Protocol.'' The permittee shall notify the Water Quality Manager of the Department's Northwest Region Office at least 10 days prior to the anticipated date of in situ sampling. The permittee shall submit a report documenting the testing results and analysis to support a conclusion that the dredging and disposal of dredged material into the CDF will not degrade the water quality of Lake Erie or Presque Isle Bay with the request for Section 401 Water Quality Certification to the Water Quality Manager of the Department's Northwest Region Office for review and approval.
Items 2--4 of Attachment A require the following:
2. A total composite sample volume of 2 gallons is required for dredging amounts up to 500 cubic yards. The total composite sample will be obtained from 1 grab sample for each 50 cubic yards of material to be dredged, up to 500 cubic yards (10 grab samples).
3. For dredging between 500 and 1,000 cubic yards of material, two composite samples, each having a volume of 2 gallons, will be obtained with 1 grab sample for each 50 cubic yards of material for half of the total volume to be dredged. For example, if the total volume to be dredged is 800 cubic yards, then two composite samples will be collected with each 2-gallon composite sample consisting of 8 grab samples of 0.25 gallon.
4. For dredging in excess of 1,000 cubic yards of material, follow the sampling requirements of items 2 and 3.
The proposed amendment is to include the following special conditions in Permit E25-404A:
1. For those marinas which have already been dredged under E25-404A and for which dredged material was received, conduct ''in situ'' sampling and material testing once every 5 years for every 1,000 cubic yards of material to be dredged. The material tested will be a composite of ten individual samples obtained per 1,000 cubic yards dredged (one individual sample per 100 cubic yards of material to be dredged). We also propose water quality certification for all dredging activities conducted by EWPPA within the 5-year time period.
2. For those marinas not yet dredged by the EWPPA under Permit E25-404A, conduct ''in situ'' sampling and analytical testing per every 1,000 cubic yards of material to be dredged. The material tested will be a composite of ten individual samples obtained per 1,000 cubic yards dredged (one individual sample per 100 cubic yards of material to be dredged). Disposal of the dredged material will be in the CDF under conditions of Permit E25-581. Also proposed that, following the initial sampling and testing, water quality certification be granted for a 5-year time period as stated in paragraph 1.
Presque Isle Bay and Lake Erie are perennial bodies of water classified as WWF.
E25-581, Erie-Western Pennsylvania Port Authority, 208 East Bayfront Parkway, Suite 201, Erie, PA 16507-2405. Erie-Western Pennsylvania Port Authority Facility Maintenance Dredging Amendment Request in the City of Erie, Erie County, ACOE Pittsburgh District (Erie North, PA Quadrangle N: 4.7 inches; W: 10.3 inches).
The applicant is requesting an amendment to Permit No. E25-581 which authorizes the Erie-Western Pennsylvania Port Authority to place a total of approximately 500,000 cubic yards of material dredged from the bed of Presque Isle Bay and local Lake Erie waters into the Erie Harbor Confined Disposal Facility (CDF) to create an upland public recreational area located south of the entrance channel to Presque Isle Bay.
Special Condition A of Permit E25-581 requires the permittee is required to obtain individual Federal Water Pollution Control Act Section 401 Water Quality Certification from the Department for disposal of dredged material into the CDF prior to each dredging and disposal event.
Special Condition B of Permit E25-581 requires the following: Prior to any dredging activity, all dredged material for disposal into the CDF shall be sampled and tested, in situ, in accordance with Attachment A, ''Sample Collection and Testing Protocol.'' The permittee shall notify the Water Quality Manager of the Department of Environmental Protection's Northwest Region Office at least 10 days prior to the anticipated date of in situ sampling. The permittee shall submit a report documenting the testing results and analysis to support a conclusion that the dredging and disposal of dredged material into the CDF will not degrade the water quality of Lake Erie or Presque Isle Bay with the request for Section 401 Water Quality Certification to the Water Quality Manager of the Department's Northwest Region Office for review and approval.
Items 2--4 of Attachment A require the following:
2. A total composite sample volume of 2 gallons is required for dredging amounts up to 500 cubic yards. The total composite sample will be obtained from 1 grab sample for each 50 cubic yards of material to be dredged, up to 500 cubic yards (10 grab samples).
3. For dredging between 500 and 1,000 cubic yards of material, two composite samples, each having a volume of 2 gallons, will be obtained with 1 grab sample for each 50 cubic yards of material for half of the total volume to be dredged. For example, if the total volume to be dredged is 800 cubic yards, then two composite samples will be collected with each 2-gallon composite sample consisting of 8 grab samples of 0.25 gallon.
4. For dredging in excess of 1,000 cubic yards of material, follow the sampling requirements of items 2 and 3.
The proposed amendment is to include the following special conditions in Permit E25-581:
1. For those facilities which have already been dredged under E25-404A and for which dredged material was received, conduct ''in situ'' sampling and material testing once every 5 years for every 1,000 cubic yards of material to be dredged. The material tested will be a composite of ten individual samples obtained per 1,000 cubic yards dredged (one individual sample per 100 cubic yards of material to be dredged). We also propose water quality certification for all dredging activities conducted by EWPPA within the 5-year time period.
2. For those facilities not yet dredged by the EWPPA under Permit E25-404A, conduct ''in situ'' sampling and analytical testing per every 1000 cubic yards of material to be dredged. The material tested will be a composite of ten individual samples obtained per 1,000 cubic yards dredged (one individual sample per 100 cubic yards of material to be dredged). Disposal of the dredged material will be in the CDF under conditions of Permit E25-581. Also proposed that, following the initial sampling and testing, Water quality certification be granted for a 5-year time period as stated in paragraph 1.
Presque Isle Bay and Lake Erie are perennial bodies of water classified as WWF.
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
EA-67-010: Gregory King, 1948 Noss Road, York, PA 17404 in North Codorus Township, York County, ACOE Baltimore District.
To replace and existing culvert and construct and maintain a 15-foot, 3-foot diameter culvert, with a 6-inch depression below the streambed and to restore 280 linear feet of an UNT to Codorus Creek (WWF) by reshaping the channel. The project is located in North Codorus Township, York County (West York, PA Quadrangle N: 1.9 inches; W: 6.7 inches).
EA-06-006: Paradise Township, P. O. Box 40, Paradise, PA 17562 in Paradise Township, Lancaster County, ACOE Baltimore District.
To regrade and stabilize 240 lineal feet of stream channel located within a previously breached impoundment area. The project consists of channel relocation; floodway grading; and rock toe protection within an UNT to the Schuylkill River (WWF) immediately east of Ridgeway Road (Reading, PA Quadrangle N: 8.0 inches; W: 3.5 inches) in Cumru Township, Berks County.
EA-38-002: East Hanover Township, c/o Thomas Donmoyer, Secretary-Treasurer, R. D. No. 1 Box 6250, Grantville, PA 17028 in East Hanover Township, Lebanon County, ACOE Baltimore District.
To construct and maintain 495 lineal feet of stream stabilization and enhancement of an UNT to Swatara Creek (WWF) utilizing j-hook vanes, cross vanes, root wads, and minor bank and gravel bar grading located within H.M. Levitz Park (Indiantown Gap, PA Quadrangle N: 5.85 inches; W: 17.30 inches) in East Hanover Township, Lebanon County.
ACTIONS
THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT
FINAL ACTIONS TAKEN FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS The Department of Environmental Protection (Department) has taken the following actions on previously received applications for new, amended and renewed NPDES and WQM permits, applications for permit waivers and Notices of Intent (NOI) for coverage under general permits. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the Federal Clean Water Act.
Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or amendment Section III WQM Industrial, sewage or animal wastes; discharges to groundwater Section IV NPDES MS4 individual permit Section V NPDES MS4 permit waiver Section VI NPDES Individual permit stormwater construction Section VII NPDES NOI for coverage under NPDES general permits Sections I--VI contain actions related to industrial, animal or sewage wastes discharges, discharges to groundwater and discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities and concentrated animal feeding operations (CAFOs). Section VII contains notices for parties who have submitted NOIs for coverage under general NPDES permits. The approval for coverage under general NPDES permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions set forth in each general permit. The approval of coverage for land application of sewage sludge or residential septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective permit. Permits and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted before the action.
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.
I. NPDES Renewal Permit Actions
Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.
NPDES No.
(Type)Facility Name &
AddressCounty &
MunicipalityStream Name
(Watershed #)EPA Waived Y/N ? PA0057185 Edward and Nhung Sweeney
1941 Ridley Creek Road
Media, PA 19063Delaware County
Upper Providence TownshipUNT to Ridley Creek
Watershed 3GY Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
NPDES No.
(Type)Facility Name &
AddressCounty &
MunicipalityStream Name
(Watershed #)EPA Waived Y/N ? PA0062341A1 Aqua Pennsylvania, Inc.
762 West Lancaster Avenue
Bryn Mawr, PA 19010Pike County
Lackawaxen TownshipTeedyuskung Creek 1B Y PA-0061808
(Sewage)George Royle
R. R. 1, Box 1534
Hunter Farm Road
Henryville, PA 18332Paradise Township,
Monroe CountyUNT to Swiftwater Creek (1E) Y PA-0060941
SewageCrestwood School District
Rice Elementary School
281 South Mountain Blvd.
Mountain Top, PA 18707Luzerne County
Rice TownshipTurner Swamp, a tributary to Little Wapwallopen Creek (5B) Y Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.
NPDES No.
(Type)Facility Name &
AddressCounty &
MunicipalityStream Name
(Watershed #)EPA Waived Y/N ? PA0082635
(Sewage)Sun Valley, LLC
c/o Diversified Investments
3005 Douglas Boulevard No. 150
Roseville, CA 95661Lancaster County
Brecknock TownshipUNT Rock Run/7J Y PA0086924
(Industrial Waste)FCI USA, Inc.
Lenape Drive, R. R. 1
Box 212
Mount Union, PA 17066-9728
Huntingdon County
Shirley TownshipJuniata River/12-C Y Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
NPDES No.
(Type)Facility Name &
AddressCounty &
MunicipalityStream Name
(Watershed #)EPA Waived Y/N PA0091634
SewageThe Rensselaerville Institute
63 Huyck Road
Rensselaerville, NY 12147-2108
Fayette County
North Union TownshipUNT of Redstone Creek Y PA0096105
SewageAleppo Township Authority
P. O. Box 81
100 North Drive
Sewickley, PA 15143Allegheny County
Aleppo TownshipUNT to Ohio River Y PA0096423
SewageTurkeyfoot Valley Area School District
R. D. 1, Box 78
Confluence, PA 15424-9626Somerset County
Lower Turkeyfoot TownshipCasselman River Y PA0216186
SewageGreene Arc, Inc.
197 Dunn Station Road
Prosperity, PA 15329Greene County
Washington TownshipRuff Creek Y Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
NPDES No.
(Type)Facility Name &
AddressCounty &
MunicipalityStream Name
(Watershed #)EPA Waived Y/N ? PA0221759 Robert L. Shuttleworth
923 Fern Road
St. Mary's PA 15857Jones Township,
Elk CountyUNT to East Branch Clarion River 17-A Y PA0033383 Cherry Run Camp Meeting Association
2855 Cherry Run Road
Rimersburg, PA 16248Toby Township
Clarion CountyUNT to Licking Creek
17-BY PA0029378 Redbank Valley School District--
Hawthorn Elementary School
920 Broad Street
New Bethlehem, PA 16242Hawthorn Borough
Clarion CountyUNT to Redbank Creek Y
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