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PA Bulletin, Doc. No. 02-1685d

[32 Pa.B. 4732]

[Continued from previous Web Page]

AIR QUALITY


General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Department of Public Health, Air Management Services:  321 University Avenue, Philadelphia, PA 19104; Contact:  Edward Braun, Chief, (215) 685-9476.

   02144:  Pearl Pressman Liberty (912 North 5th Street, Philadelphia, PA 19123) for installation of a sheetfed nonheatset lithographic printing press in City of Philadelphia, Philadelphia County.


Plan Approvals Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact:  Ronald Davis, New Source Review Chief, (717) 705-4702.

   ER-22-03008:  Buckeye Pipe Line Co., LP (5002 Buckeye Road, P. O. Box 368, Emmaus, PA 18049) on September 12, 2002, for emission reduction credits for pipe line breakout tanks at its Inglenook Station in Reed Township, Dauphin County.

   36-05027B:  R. R. Donnelley and Sons Co. (216 Greenfield Road, Lancaster, PA 17601) on September 12, 2002, for construction of multiple portable generators with a total output of 3.650 kW at its Lancaster East Facility in the City of Lancaster, Lancaster County.

   Southwest Region:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact:  William Charlton, New Source Review Chief, (412) 442-4174.

   56-00177A:  Somerset County Courthouse (300 North Center Avenue, Suite 500, Somerset, PA 15501) on September 12, 2002, for construction and operation of two new coal-fired boilers with breslove centrifugal fly ash collector air cleaning devices at Somerset County Courthouse in Somerset Township, Somerset County.

   Department of Public Health, Air Management Services:  321 University Avenue, Philadelphia, PA 19104; Contact:  Thomas Barsley, Chief, (215) 685-9428.

   02072:  G-Point Materials, Inc. (2604 Penrose Ferry Road, Philadelphia, PA 19145) for operation of a facility to unload bulk raw materials from ships and barges in the City of Philadelphia, Philadelphia County.

   02119:  Scott Building Corp. (2939 Felton Road, Norristown, PA 19401) for operation of a 100 ton per hour concrete crusher on a temporary basis at 11000 Roosevelt Boulevard, City of Philadelphia, Philadelphia County.

   02124:  Geppert Brothers, Inc. (3101 Trewigtown Road, Colmar, PA 18915) for operation of a 135 ton per hour concrete crusher on a temporary basis at 3111 South 23rd Street, City of Philadelphia, Philadelphia County.


Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.13, 127.13a and 127.32.

   Southeast Region:  Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact:  Thomas McGinley, New Source Review Chief, (610) 832-6242.

   46-0003A:  Stroehmann Bakeries, LC (1810 East Ridge Pike, Norristown, PA 19404) on September 10, 2002, for operation of a catalytic oxidizer in Plymouth Township, Montgomery County.

   46-0115A:  Knoll, Inc. (1235 Water Street, East Greenville, PA 18041) on September 10, 2002, for operation of a cyclonic baghouse in Upper Hanover Township, Montgomery County.

   23-0027:  Dyneon LLC (50 Milton Drive, Aston, PA 19014) on September 10, 2002, for operation of a thermal oxidizer in Chester Township, Delaware County.

   15-0014D:  Saint Gobian Performance Plastics Corp. (57 Morehall Road, Malvern, PA 19355) on September 10, 2002, for operation of a medical device manufacturing process in East Whiteland Township, Chester County.

   46-0037H:  Cabot Performance Materials (County Line Road, Boyertown, PA 19512) on September 11, 2002, for installation of an intermediate storage tank in its metal extraction process in Douglass Township, Montgomery County.

   23-0001S:  Sunoco, Inc. (R and M) (Delaware Avenue and Green Streets, Marcus Hook, PA 19061) on September 12, 2002, for operation of a boiler and heater in Marcus Hook Borough, Delaware County.

   46-0206:  Merck and Co., Inc. (1180 Church Road, Lansdale, PA 19446) on September 12, 2002, for operation of two 400 kW emergency generators in Lansdale Borough, Montgomery County.

   23-0001K:  Sunoco, Inc. (R and M) (Delaware Avenue and Green Streets, Marcus Hook, PA 19061) on September 16, 2002, for operation of an organic chemical production in Marcus Hook Borough, Delaware County.

   15-0064A:  QVC, Inc. (1200 Wilson Drive, West Chester, PA 19380) on September 16, 2002, for operation of three emergency generators in West Goshen Township, Chester County. This plan approval extension reflects revisions made to settle its appeal of operating restrictions from an individual limit of 110 hours per year, per generator, to a total restriction of 330 hours per year.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact:  Ronald Davis, New Source Review Chief, (717) 705-4702.

   01-05002A:  Master Brand Cabinets, Inc. (P. O. Box 5, Littlestown, PA 17340) on August 14, 2002, for construction of four spray booths controlled by a regenerative thermal oxidizer at its Littlestown Facility in Littlestown Borough, Adams County.

   Northcentral Region:  Air Quality Program, 208 West Third Street, Williamsport, PA 17701; Contact:  David Aldenderfer, Program Manager, (570) 327-3637.

   41-0006B:  Textron Lycoming (652 Oliver Street, Williamsport, PA 17701) on August 29, 2002, for operation of a copper stripping operation on a temporary basis until December 27, 2002, in the City of Williamsport, Lycoming County. The plan approval was extended.

   12-399-016:  Micron Research Corp. (Route 120 West, P. O. Box 269, Emporium, PA 15834) on September 12, 2002, for operation of a carbon graphite manufacturing operation on a temporary basis until January 10, 2003, as well as to authorize the use of full diameter hoods incorporating carbon packs, instead of flares, to control the air contaminant emissions from three electric graphitizing furnaces in Shippen Township, Cameron County. The plan approval was extended.

   14-309-043A:  Corning Asahi Video Products Co. (3500 East College Avenue, State College, PA 16801) on September 5, 2002, for operation of a glass furnace (Tank 222) and associated air cleaning device (an electrostatic precipitator) on a temporary basis until January 3, 2003, as well as modification of a second glass furnace (Tank 221) and associated air cleaning device (an electrostatic precipitator) until January 3, 2003, in College Township, Centre County. The plan approval was extended.

   Northwest Region:  Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Contact:  Devendra Verma, New Source Review Chief, (814) 332-6940.

   10-021I:  Indspec Chemical Corp. (133 Main Street, Petrolia, PA 16050) on September 30, 2002, for a 9,500 gallon resorcinol storage and scrubber in Petrolia, Butler County.

   16-132B:  Temple Inland Forest Products, Inc.--Clarion (1 Fiberboard Avenue, Shippenville, PA 16254) on August 31, 2002, for modification to the facility in Paint Township, Clarion County.


Title V Operating Permits Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter G.

   Northwest Region:  Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Contact:  Eric Gustafson, Facilities Permitting Chief, (814) 332-6940.

   25-00916:  Ridg-U-Rak, North East Plant (120 South Lake Street, North East, PA 16428) for operation of a metal shelving manufacturing facility in North East Borough, Erie County. This Title V Operating Permit has been reissued.


Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.

   Southeast Region:  Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact:  Edward Brown, Facilities Permitting Chief, (610) 832-6242.

   09-320-055GP:  Transcontinental Printing USA, Inc. (55 Hawk Road, Warminster, PA 18974) on September 10, 2002, for operation of a lithographic printing press in Warminster Township, Bucks County.

   15-00053:  Chester County Hospital (701 East Marshall Street, West Chester, PA 19380) on September 16, 2002, for operation of a synthetic minor operating permit in West Chester Borough, Chester County.

   15-00009:  ASAHI Glass Fluoropolymers USA (255 South Bailey Road, Downingtown, PA 19335) on September 16, 2002, for operation of a synthetic minor operating permit in Caln Township, Chester County.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact:  Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.

   06-05082:  Dietrich's Milk Products, LLC (100 McKinley Avenue, Reading, PA 19605) on September 11, 2002, for operation of a dried food products facility in Muhlenberg Township, Berks County.

   21-05033:  Wilson Paving, Inc. (480 West Old York Road, Carlisle, PA 17013) on September 12, 2002, for operation of an asphalt plant in South Middleton Township, Cumberland County.

   67-03110:  Govesan Manufacturing, Inc. (939 Monocacy Road, P. O. Box 7804, York, PA 17404) on September 9, 2002, for operation of operation of a powder coating manufacturing facility in the City of York, York County.

   Southwest Region:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact:  Mark Wayner, Facilities Permitting Chief, (412) 442-4174.

   63-00426:  Trinity Area School District (231 Park Avenue, Washington, PA 15301) on September 10, 2002, for operation of boilers and a heater in North Franklin Township, Washington County.

   26-00476:  Community Products, LLC (P. O. Box 240, Farmington, PA 15437) on September 16, 2002, for operation of a spray booth, curing oven, air make up unit, shop furnace, miscellaneous woodworking tools and a dust collector in Wharton Township, Fayette County.

   Northwest Region:  Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Contact:  Eric Gustafson, Facilities Permitting Chief, (814) 332-6940.

   42-00151:  Werzalit of America, Inc. (40 Holley Avenue, Bradford, PA 16701) on September 12, 2002, for a Natural Minor Operating Permit for a wood products manufacturing and a surface coating process in Bradford, McKean County.


Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.

   Southeast Region:  Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact:  Edward Brown, Facilities Permitting Chief, (610) 832-6242.

   23-313-003C:  Esschem, Inc.--Division of Justi Group, Inc. (4000 Columbia Avenue, Linwood, PA 19061) on September 11, 2002, for a scrubber in Lower Chichester Township, Delaware County. This operating permit was modified.

   46-00036:  Visteon Systems LLC (2750 Morris Road, Lansdale, PA, 19446) for an administrative amendment to incorporate changes based on the appeal of their Title V Operating Permit in Worcester Township, Montgomery County. The facility's major emission points include wave and selective soldering machines. The amended Title V Operating Permit will contain additional monitoring, recordkeeping, reporting and work practice standards to keep the facility operating within all applicable air quality requirements.

   15-00016:  Worthington Steel Corp. (45 North Morehall Road, Malvern, PA 19355) on September 13, 2002, to remove numerous manufacturing sources from the Title V Operating Permit in East Whiteland Township, Chester County.

   46-00025:  Lonza, Inc. (900 River Road, Conshohocken, PA 19428) on September 13, 2002, to modify the Title V Operating Permit to incorporate the conditions for the solvent recovery system under Manufacturing Process Source, in Upper Merion Township, Montgomery County.

   15-00014:  Saint Gobain Performance Plastics (57 Morehall Road, Frazer, PA 19355) for an administrative amendment of their Title V Operating Permit to incorporate conditions of Plan Approval 15-0014D in East Whiteland Township, Chester County. The facility's major emission points include three surface coating lines, which emit major levels of VOCs and NOx. The permit will include monitoring, recordkeeping and reporting requirements designed to keep the facility within all applicable air quality requirements.

   Southwest Region:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact:  Mark Wayner, Facilities Permitting Chief, (412) 442-4174.

   65-00354:  Sunoco Partners Marketing and Terminals LP (1801 Market Street, Philadelphia, PA 19103) for an administrative amendment to reflect the change in ownership from Atlantic Refining and Marketing Corp. to Sunoco Partners Marketing and Terminals L.P. for the Delmont Terminal in Salem Township, Westmoreland County. The original Title V Operating Permit was issued on February 2, 1998, and reissued on February 8, 2002.

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes; the Air Quality Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).

Coal Permits Actions

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

   19000201 and NPDES Permit PA0224103. Mid-Valley Coal Sales, Inc. (5 Woodland Drive, Mt. Carmel, PA 17851), commencement, operation and restoration of a coal refuse reprocessing operation in Conyngham Township, Columbia County affecting 343.0 acres, receiving stream:  North Branch Shamokin Creek. Application received September 6, 2000. Permit issued September 11, 2002.

   54890105C18 and R2 and NPDES Permit PA0595314. Porter Associates, Inc. (P. O. Box 478, Wilkes-Barre, PA 18703), correction and renewal of an existing anthracite surface mine operation in Porter Township, Schuylkill County affecting 118.7 acres, receiving stream:  East Branch Rausch Creek. Applications received December 6, 1999, and February 22, 2000. Correction and renewal issued September 11, 2002.

   54011301 and NPDES Permit PA0224189. Alfred Brown Coal (R. R. 2 Box 118C, Hegins, PA 17938), commencement, operation and operation of an anthracite underground mine operation in Blythe Township, Schuylkill County affecting 3.0 acres, receiving stream:  unnamed tributary. Application received December 3, 2001. Permit issued September 13, 2002.

   49010201. Waldemar T. Fetterolf, Sr. (100 East Main Street, Locustdale, PA 17945), commencement, operation and restoration of coal refuse reprocessing operation in East Cameron Township, Northumberland County affecting 41.1 acres, receiving stream:  none. Application received December 6, 2001. Permit issued September 13, 2002.

   Hawk Run District Mining Office:  Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.

   14980101 and NPDES Permit No. PA 0238007. Sky Haven Coal, Inc., R. D. 1, Box 180, Penfield, PA 15849. Major revision to an existing bituminous surface mine permit to allow for the beneficial use of biosolids. The permit is located in Snow Shoe and Burnside Townships, Centre County. Receiving stream:  Sandy Run, classified for CWF. Application received May 2, 2002. Permit issued September 4, 2002.

   McMurray District Mining Office:  3913 Washington Road, McMurray, PA 15317, (724) 941-7100.

   30341314. NPDES Permit PA0215368, Eberhart Coal Co. (258 Woodside-Old Frame Rd., Smithfield, PA 15478), to revise the permit for the Titus Mine in Dunkard Township, Somerset County to add additional surface acres, Surface Acres Proposed 2.64 acres, Underground Acres Proposed N/A, SCP Acres Proposed N/A, CRDP Support Acres Proposed N/A, CRDP Refuse Disposal Acres Proposed N/A, no additional discharges, classified for the following use:  N/A. The first downstream potable water supply intake from the point of discharge is N/A. Permit issued August 27, 2002.

   56961302. NPDES Permit PA0214639, K.B. Coal, Inc. (P. O. Box 4091, Hidden Valley, PA 15502) to revise the permit for the Miller Mine in Jenner and Lincoln Townships, Somerset County to renew the permit and related NPDES permit, Surface Acres Proposed N/A,

   Underground Acres Proposed 236.8, SCP Acres Proposed 236.8, CRDP Support Acres Proposed N/A, CRDP Refuse Disposal Acres Proposed N/A, no additional discharges, classified for the following use:  N/A. The first downstream potable water supply intake from the point of discharge is N/A. Permit issued September 3, 2002.

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

   10020101 and NPDES Permit No. PA0242098. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Commencement, operation and restoration of a bituminous strip operation in Cherry Township, Butler County affecting 31.6 acres. Receiving streams:  unnamed tributary to Findlay Run. Application received March 8, 2002. Permit issued September 4, 2002.

   1475-10020101-E-1. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Application for a stream encroachment to conduct mining activities within 100 feet but no closer than 25 feet to unnamed tributary No. 1 to Findlay Run in Cherry Township, Butler County. Receiving streams:  unnamed tributary to Findlay Run. Application received March 8, 2002. Permit issued September 4, 2002.

   33970110. Original Fuels, Inc. (P. O. Box 343, Punxsutawney, PA 15767). Renewal of an existing bituminous strip and auger operation in Oliver Township, Jefferson County affecting 111.5 acres. Receiving streams:  unnamed tributary to Big Run and unnamed tributary to Little Sandy Creek. This renewal is issued for reclamation only. Application received July 15, 2002. Permit issued September 10, 2002.

Noncoal Permits Actions

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

   6174SM5A2C7 and NPDES Permit PA0594423. Meckley's Limestone Products, Inc. (R. R. 1, Box 1682, Herndon, PA 17830), correction to an existing quarry operation and NPDES Permit in Lower Mahanoy and Jordan Townships, Northumberland County affecting 216.0 acres, receiving stream:  Upper Fiddler Run. Application received March 6, 2002. Correction issued September 10, 2002.

   7775SM8C2 and NPDES Permit PA0595748. Dyer Quarry, Inc. (P. O. Box 188, Birdsboro, PA 19508), renewal of NPDES Permit in Robeson Township, Berks County, receiving stream:  Indian Corn Creek and Seidel Creek. Application received July 18, 2002. Renewal issued September 10, 2002.

   64010805. Andrews Construction (R. R. 1 Box 170A, Forest City, PA 18421), commencement, operation and restoration of a quarry operation in Mount Pleasant Township, Wayne County, affecting 5.0 acres. Receiving stream:  West Branch Lackawaxen River. Application received May 18, 2001. Permit issued September 10, 2002.

   7773SM1A2C4 and NPDES Permit PA0595322. Reading Materials, Inc. (P. O. Box 79, Skippack, PA 19474-0079. Renewal of NPDES Permit in Douglass Township, Berks County, receiving stream:  unnamed tributary to Schuylkill River. Application received July 23, 2002. Renewal issued September 12, 2002.

   64910303C5 and NPDES Permit PA0595462. Ciccone Construction, Inc. (R. R. 2 Box 1575, Honesdale, PA 18431), renewal of NPDES Permit in Palmyra Township, Wayne County, receiving stream:  tributary to Lake Wallenpaupack. Application received July 25, 2002. Renewal issued September 12, 2002.

   36820301C3 and NPDES Permit PA061271. Haines & Kibblehouse, Inc. (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474), renewal of NPDES Permit in Brecknock Township, Lancaster County, receiving stream:  unnamed tributary to Black Creek. Application received July 23, 2002. Renewal issued September 12, 2002.

   48870301C4 and NPDES Permit PA059893. Haines & Kibblehouse, Inc. (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474), renewal of NPDES Permit in Lower Mt. Bethel Township, Northampton County, receiving stream:  Delaware River. Application received July 23, 2002. Renewal issued September 12, 2002.

   7974SM5A1C3 and NPDES Permit PA0612243. Haines & Kibblehouse, Inc. (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474), renewal of NPDES Permit in Hilltown Township, Bucks County, receiving stream:  North Branch Neshaminy Creek. Application received July 23, 2002. Renewal issued September 12, 2002.

   58020817. Arnolmont Quarries, Inc. (2401 Pennsylvania Avenue 402, Wilmington, DE 19806), commencement, operation and restoration of a quarry operation in Bridgewater Township, Susquehanna County, affecting 3.0 acres, receiving stream:  none. Application received April 17, 2002. Permit issued September 12, 2002.

   60000301. Eastern Industries, Inc. (4401 Camp Meeting Road, Suite 200, Center Valley, PA 18034), commencement, operation and restoration of a quarry operation in Buffalo Township, Union County affecting 63.7 acres, receiving stream:  none. Application received September 1, 2000. Permit issued September 13, 2002.

   Hawk Run District Mining Office:  Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.

   59022801. Fred J. Robbins, R. R. 2, Box 25A, Tioga, PA 16946. Commencement, operation and restoration of a Small Industrial Minerals (Shale) permit in Lawrence Township, Tioga County affecting 1.5 acres. Receiving stream:  Lane Creek, tributary to Tioga River. Application received April 29, 2002. Application returned:  September 13, 2002.

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

   3572SM17 and NPDES Permit No. PA0202649. Manor Minerals, Inc. (265 S. Jefferson Street, Kittanning, PA 16201). NPDES renewal issued for continued operation and reclamation of a large noncoal surface mining site located in Burrell and South Bend Townships, Armstrong County. Receiving streams:  Crooked Creek. Application received July 1, 2002. NPDES renewal issued September 16, 2002.

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

   61930301 and NPDES Permit No. PA0211729. Cooperstown Sand & Gravel (P. O. Box 4, Cooperstown, PA 16317). Revision to an existing sandstone operation to add 1.6 acres in Jackson Township, Venango County. New total SMP acreage is 13.1 acres. Receiving streams:  Wolf Run. Application received July 2, 2002. Permit issued August 29, 2002.

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

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

   40024017. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting in Butler Township, Luzerne County with an expiration date of July 22, 2003. Permit issued September 13, 2002.

   40024018. Latona Trucking (620 South Main, Pittston, PA 18640), construction blasting in Pittston Township, Luzerne County with an expiration date of August 31, 2003. Permit issued September 13, 2002.

   46024054. Horst Drilling & Blasting, Inc. (141 Ranck's Church Road, New Holland, PA 17557), construction blasting in Towamencin Township, Montgomery County with an expiration date of September 22, 2003. Permit issued September 13, 2002.

   48024024. Allen Township (4714 Indian Trail Road, Northampton, PA 18067) and Austin Powder (P. O. Box 289, Northampton, PA 18062), construction blasting in Allen Township, Northampton County with an expiration date of December 31, 2002. Permit issued September 13, 2002.

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

   For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

   Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

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(a)).

   Except as otherwise noted, the Department certifies that the construction and operation herein described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State Water Quality Standards.

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

   For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

   Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note:  Water Obstruction and Encroachment Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description).

Permits Issued and Actions on 401 Certifications

WATER OBSTRUCTIONS AND ENCROACHMENTS

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

   E15-683. Downingtown Mainstreet Group, 342 Lancaster Avenue, Downingtown, PA 19335, Downingtown Township, Chester County, ACOE Philadelphia District.

   To relocate portions of and modify a 335 linear foot section of Park Run (WWF-MF) stream channel, a tributary of the East Branch Brandywine Creek. The works which include the creation of a riparian buffer and fill in the floodplain to accommodate proposed residential buildings, will involve creating a meandering stream around two existing exposed sanitary sewer manholes and the removal of existing bridge abutments associated with the S&S Development Company, Inc.'s project. The project is associated with redevelopment and restoration efforts of the former O'Brien Machinery Industrial Complex, located approximately 700 feet south of the intersection of Lancaster Avenue and the Brandywine Avenue (Downingtown, PA Quadrangle N:  0. 75 inch; W:  10.75 inches).

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

   E52-174. Lackawaxen Township Board of Supervisors, P. O. Box 205, Lackawaxen, PA 18435. Lackawaxen Township, Pike County, Army Corps of Engineers Philadelphia District.

   To maintain a road crossing of West Falls Creek, consisting of a 77-inch x 52-inch CMP arch culvert depressed 6 inches below streambed elevation and a 71-inch x 47-inch CMP arch culvert. The previous structure was removed and the current structure constructed, under the authorization of Emergency Permit No. EP5201401. The project is located along Township Road T-439, approximately 300 feet northeast of the intersection of T-439 and SR 0590 (Rowland, PA Quadrangle N:  22.4 inches; W:  9.6 inches).

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

   E06-564. Forino Company, 555 Mountain Home Road, Sinking Spring, PA 19608 in South Heidelberg Township, Berks County, ACOE Philadelphia District.

   To remove the existing 48-inch diameter steel pipe culvert and to construct and maintain a 6-foot by 10-foot reinforced concrete box culvert within Cacoosing Creek (TSF) at a point approximately 2,400 feet upstream of Wernersville Road (Sinking Spring, PA Quadrangle N:  10.0 inches; W:  8.5 inches) in South Heidelberg Township, Berks County.

   E06-566. Maidencreek Township, 1 Quarry Road, Blandon, PA 19510 in Maidencreek Township, Berks County, ACOE Philadelphia District.

   To:  (1) remove an existing 60-inch diameter corrugated metal pipe and install and maintain a 5-foot by 11-foot precast concrete box culvert with endwalls; and (2) remove an existing 4-foot by 7-foot precast concrete box culvert and construct and maintain a 25-foot span pedestrian footbridge at a point along Hoch Road (T-754) and East Wessner Road (T-777) (Fleetwood, PA Quadrangle N:  13.3 inches; W:  15.7 inches and N:  13.0 inches; W:  15.5 inches) in Maidencreek Township, Berks County.

   E07-344. Fiore Pontiac GMC, P. O. Box 1033, Altoona, PA 16603 in Allegheny Township, Blair County, ACOE Baltimore District.

   To place fill in 0.25 acre of forested and scrub wetlands and 0.04 acre of emergent wetlands and to maintain existing fill in 0.23 acre of emergent wetlands at a point between SR 0036 and Brush Run (WWF) approximately 1 mile north of Hollidaysburg for the purpose of expanding an existing parking lot (Hollidaysburg, PA Quadrangle N:  14.2 inches; W:  2.8 inches) in Allegheny Township, Blair County. Wetland impacts will be mitigated through the creation of 0.05 acre of emergent wetlands onsite and 0.75 acre of forested and scrub wetlands along Brush Run (WWF) (Hollidaysburg, PA Quadrangle N:  12.7 inches; W:  3.1 inches) in Allegheny Township, Blair County.

   E07-359. Rails-To-Trails of Central PA, P. O. Box 592, Hollidaysburg, PA 16648) in Williamsburg Borough and Woodbury Township, Blair County, ACOE Baltimore District.

   To:  (1) place fill material at the floodway of Frankstown Branch Juniata River (TSF); (2) construct and maintain an 8-foot by 8-foot concrete box culvert at the channel of an unnamed tributary to and at the floodway of the Frankstown Branch Juniata River; and (3) construct and maintain a footbridge across Piney Creek (TSF) to be set on abandoned railroad bridge abutments and a pier for the proposed of improving a trail (Williamsburg, PA Quadrangle N:  15.95 inches; W:  10.55 inches--N:  16.46 inches; W:  11.2 inches--N:  18.1 inches; W:  14.4 inches) in Williamsburg Borough and Woodbury Township, Blair County.

   E21-342. Silver Spring Township, 6475 Carlisle Pike, Mechanicsburg, PA 17050 in Silver Spring Township, Cumberland County, ACOE Baltimore District.

   To remove the existing 20-foot long concrete box culvert having a clear span of 11.5 feet and a rise of 3.8 feet and to construct and maintain a 24-foot long concrete box culvert having a clear span of 12.0 feet and a rise of 4.8 feet within Hogestown Run (CWF) at a point along Woods Drive 0.7 mile southeast of US Route 11 (Mechanicsburg, PA Quadrangle N:  19.5 inches; W:  5.8 inches) in Silver Spring Township, Cumberland County.

   E21-343. United States Army--Carlisle Barracks, Headquarters, ATZE-DPW-SE, Carlisle, PA 17013 in North Middleton Township, Cumberland County, ACOE Baltimore District.

   To remove about 276 feet of existing chain link fence; and, to construct and maintain:  (1) 5,700 linear feet of chain link fence in the floodway/floodplain of Letort Spring Run (HQ-CWF) and a braided stream channel known as the Mill Race; and (2) a new steel reinforced concrete headwall of the existing Post Road (T-710) crossing of Letort Spring Run (HQ-CWF) all for the purpose of providing security on the northeast boundary of the United States Military Reservation, Carlisle Barracks (Carlisle, PA Quadrangle N:  15.75 inches; W:  7.5 inches) in North Middleton Township, Cumberland County.

   E22-438. Conewago Contractors, Inc., 610 Edgegrove Road, Hanover, PA 17331 in Lower Swatara Township, Dauphin County, ACOE Baltimore District.

   To construct and maintain:  (1) a 135-foot long, open bottom, aluminum structural plate arch culvert, stream enclosure having a span of 12.0 feet and an underclearance of 4.04 feet; (2) a concrete encased sanitary sewer line crossing; (3) a potable water line crossing; (4) a natural gas line crossing; (5) a storm sewer line crossing all in an unnamed tributary to Swatara Creek (WWF); and (6) to place fill in the floodway of the tributary to Swatara Creek for the purpose of developing the 109.55-acre Stone Ridge commercial subdivision (Kreider Farm subdivision) located between Longview Drive, on the north, Fulling Mill Road, south and North Street on the east (Steelton, PA quadrangle N:  19.75 inches; W:  0.0 inch) in Lower Swatara Township, Dauphin County.

   E44-115. Derry Township, P. O. Box M, Yeagertown, PA 17099 in Derry Township and Burham Borough, Mifflin County, ACOE Baltimore District.

   To remove the existing Vermont Avenue bridge and to construct and maintain a concrete bridge having a clear span of 46.5 feet on an 80 degree skew with a minimum underclearance of 11.33 feet across Buck Run (TSF) located 1,200 feet upstream of T-782 bridge (Vermont Avenue) (Burnham, PA Quadrangle N:  0.7 inch; W:  10.1 inches) in Derry Township and Burham Borough, Mifflin County.

   E44-117. Department of Conservation and Natural Resources, Forest District 7-0, 400 Market Street, P. O. Box 8451, Harrisburg, PA 17105 in Armagh Township, Mifflin County, ACOE Baltimore District.

   To remove an existing bridge and to construct and maintain a bridge having a clear span of 21 feet 11-inches and an underclearance of 5 feet, 3 inches in the channel of Swift Run (HQ-CWF) at a point at Havice Valley Road (Coburn, PA Quadrangle N:  12.3 inches; W:  5.4 inches) in Armagh Township, Mifflin County.

   E67-718. Michael Waltimyer, 619 Deer Road, Fawn Grove, PA 17321 in Fawn Township, York County, ACOE Baltimore District.

   To fill a failing, remote off-stream 1/2 acre farm pond within the Bald Eagle Creek Watershed (TSF) (Airville, PA Quadrangle N:  3.2 inches; W:  9.7 inches) in Fawn Township, York County. The amount of wetland impact is considered a de minimis impact of 0.05 acre of palustrine emergent wetland and mitigation is not required.

   E67-719. York County Commissioners, 400 Mundle Race Road, York, PA 17402 in York Township, York County, ACOE Baltimore District.

   To construct and maintain a 2,142 square foot wooden dock which will extend on to Lake Redman (WWF) (York, PA Quadrangle N:  1.1 inches; W:  8.9 inches) in York Township, York County.

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

   E08-394. Pennsylvania Department of Transportation, P. O. Box 218, Montoursville, PA 17754-0218. Concrete Box Culvert, in Springfield Township, Bradford County, ACOE Baltimore District (Troy, PA Quadrangle N:  15.75 inches; W:  3.30 inches).

   To remove the existing 21.00 foot by 5.83 foot reinforced concrete slab with a normal clean span of 17.50 feet and a design underclearance of 5.83 feet over Braces Run and to construct and maintain an 18.00 foot by 7.00 foot precast reinforced concrete box culvert on a 75° skew depressed 1.0 foot below streambed, with a curb-to-curb width of 32.00 feet and a waterway opening of 18.0 feet by 6.0 feet on SR 4014, Section 016 about 2 miles east of Columbia Cross Roads. The project will not impact wetlands while impacting approximately 70 feet of waterway. Braces Creek is a TSF. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E41-506. Department of Conservation and Natural Resources, Bureau of Forestry District 12, 423 East Central Ave., South Williamsport, PA 17702. Water Obstruction and Encroachment Joint Permit Application, in Brown Township, Lycoming County, ACOE Susquehanna River Basin District (Slate Run, PA Quadrangle N:  22.4 inches; W:  9.0 inches).

   To remove an existing 54" corrugated metal pipe, construct and maintain a 48" by 76" reinforced concrete elliptical pipe; to include cast-in-place end walls in an unnamed tributary to Manor Fork along Manor Fork Road in Brown Township, Lycoming County. The culvert replacement will permanently impact 0.045 acre of EV wetlands while impacting 110-feet of waterway.

   E55-187. Pennsylvania Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. Water Obstruction and Encroachment Permit application, in Spring Township, Snyder County, ACOE Susquehanna River Basin District (McClure, PA Quadrangle N:  17.75 inches; W:  14.20 inches).

   To remove two existing corrugated metal pipes and construct and maintain a reinforced concrete box culvert measuring 10 feet wide by 5 feet high with a length of 32 feet in Mitchell Run located on SR 0235, Segment 0080 at offset 0933. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E55-188. Pennsylvania Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. Water Obstruction and Encroachment Permit application, in Penn Township, Snyder County, ACOE Susquehanna River Basin District (Freeburg, PA Quadrangle N:  13.5 inches; W:  4.6 inches).

   To remove an existing encased concrete I-beam bridge and construct and maintain a reinforced concrete box culvert measuring 20 feet wide by 5 feet high in a tributary to Penns Creek located along SR 1002, Segment 0030 at offset 2718. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E59-429. Delmar Township, R. R. 5, Box 70A, Wellsboro, PA 16901. Culvert in Dantz Run, Delmar Township, Tioga County, ACOE Baltimore District (Asaph, PA Quadrangle N:  .9 inch; W:  1.2 inches).

   To remove the existing bridge structure and to construct, operate and maintain a 101-inch by 161-inch corrugated metal pipe arch. The new culvert structure will have an alignment shift to facilitate better alignment with the stream. The new alignment will cause a reduction of 80 linear feet of stream including the existing bridge structure. This permit also authorizes inlet and outlet protection of R-5 riprap for the wing walls and scour protection for the bed. All work associated with this project shall be completed when Dantz Run is at low flow and all disturbance shall be stabilized within three days of final grading. This project is located 1.1 miles south of SR 6 on T-468 in Delmar Township, Tioga County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E59-434. Pennsylvania Department of Transportation, 715 Jordan Avenue, Montoursville, PA 17754. Culvert Replacement, in Delmar Township, Tioga County, ACOE Baltimore District (Antrim, PA Quadrangle N:  6.75 inches; W:  1.6 inches).

   To remove the existing 85-inch by 54-inch corrugated metal pipe arch and to construct, operate and maintain a 15-foot by 5.5-foot reinforced precast box culvert. The culvert shall be depressed 1 foot below the natural streambed. Outlet protection shall consist of 40 feet of existing R-6 riprap. This permit also authorizes temporary channel and in-stream diversion dike to allow work to be completed in the dry. The temporary channel bed shall be lined with clean rock. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

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

   E56-312. Borough of Somerset, P. O. Box 71, 340 West Union Street, Somerset, PA 15501. Somerset Borough, Somerset County, ACOE Pittsburgh District.

   To remove the existing structure and to construct and maintain a 1.0-foot depressed 9.0-foot x 4.5-foot concrete box culvert in Parson Run (TSF) for the purpose of improving transportation safety and roadway standards. The project is located on Cannel Drive (Somerset, PA Quadrangle N:  0.28 inch; W:  11.23 inches).

   E65-800. Dominion Transmission, Inc. (DTI), 445 West Main Street, Clarksburg, WV 26301. Salem Township, Delmont Borough and the Municipality of Murrysville, Westmoreland County, ACOE Pittsburgh District.

   To repair, operate and maintain approximately 10.5 miles of an existing 20-inch diameter natural gas pipeline (LN25). The pipeline crosses Haymakers Run (HQ-CWF), tributaries to Haymakers Run (HQ-CWF), Steels Run (HQ-CWF), tributaries to Steels Run (HQ-CWF), tributaries to Turtle Creek (TSF) and tributaries to Beaver Run (HQ-CWF). The LN 25 pipeline extends from the Oakford Pumping Station (Slickville, PA Quadrangle N:  4.8 inches; W:  8.4 inches) to the Allegheny/Westmoreland County line in Murrysville (Murrysville, PA Quadrangle N:  21.7 inches; W:  10.7 inches).

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

   E62-383, Allegheny Partners, LP c/o Forest Investment Associates, P. O. Box 1474, Smethport, PA 16749. Wade Run Bridge Replacement in Pittsfield Township, Warren County, ACOE Pittsburgh District (Pittsfield, PA Quadrangle N:  7.0 inches; W:  5.25 inches).

   To remove the existing structure and to construct and maintain a bridge comprised of concrete block abutments and steel stringers having a clear span of 18 foot and an underclearance of 5.5 feet across Wade Run on a forestry road approximately 900 feet southwest of the confluence of Wade Run and Rattlesnake Run.

ENVIRONMENTAL ASSESSMENTS

   Central Office:  Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.

   EA54-002CO. Charles E. and JoAnn L. Beck, 2207 Spanish Forest Lane, Richmond, TX 77469. East Brunswick Township, Schuylkill County, ACOE Philadelphia District.

   Project proposes to construct a nonjurisdictional dam across a tributary to Indian Run (CWF) impacting approximately 70 feet of stream channel for fire protection, aesthetics and recreation. The dam will be located approximately 800 feet southeast of the intersection of T757 and T894A (New Ringgold, PA Quadrangle, N:  10.3 inches; W:  8.2 inches).

   EA38-005CO. Franklin Greiner, Jr., 700 Cornwall Mountain Road, Lititz, PA 17543. South Lebanon Township, Lebanon County, ACOE Baltimore District.

   Project proposes to construct a nonjurisdictional dam across a tributary to Shearers Creek (HQ-CWF) for wildlife habitat and recreation impacting approximately 0.07 acre of wetland (PFO) and providing 0.07 acre of replacement wetland within the impounded reservoir. The proposed dam will be located approximately 2,300 feet southeast of the intersection of Boyd Street and SR 0322 (Lebanon, PA Quadrangle, N:  0.3 inch; W:  0.3 inch).

   EA40-006CO. Presidential Land Company, Inc., 433 Centre Street, Mahanoy City, PA 17948. Dallas Township, Luzerne County, ACOE Baltimore District.

   To modify an existing nonjurisdictional dam across a tributary to Toby Creek (CWF) impacting a de minimis area of wetland equal to 0.05 acre for stormwater management at the proposed Overbrook Road Subdivision. The dam is located approximately 2,400 feet southwest of the intersection of Overbrook Avenue (SR 1014) and Pioneer Avenue (SR 1043) (Kingston, PA Quadrangle, N:  12.8 inches; W:  11.0 inches).

   Central Office:  Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.

   EA38-005CO. Franklin Greiner, Jr., 700 Cornwall Mountain Road, Lititz, PA 17543. South Lebanon Township, Lebanon County, ACOE Baltimore District.

   Project proposes to construct a nonjurisdictional dam across a tributary to Shearers Creek (HQ-CWF) for wildlife habitat and recreation impacting approximately 0.07 acre of wetland (PFO) and providing 0.07 acre of replacement wetland within the impounded reservoir. The proposed dam will be located approximately 2,300 feet southeast of the intersection of Boyd Street and SR 0322 (Lebanon, PA Quadrangle, N:  0.3 inch; W:  0.3 inch).

   EA40-006CO. Presidential Land Company, Inc., 433 Centre Street, Mahanoy City, PA 17948. Dallas Township, Luzerne County, ACOE Baltimore District.

   To modify an existing nonjurisdictional dam across a tributary to Toby Creek (CWF) impacting a de minimis area of wetland equal to 0.05 acre for stormwater management at the proposed Overbrook Road Subdivision. The dam is located approximately 2,400 feet southwest of the intersection of Overbrook Avenue (SR 1014) and Pioneer Avenue (SR 1043) (Kingston, PA Quadrangle, N:  12.8 inches; W:  11.0 inches).

WATER QUALITY CERTIFICATIONS

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

   Certification Request Initiated by Reliant Energy Mid Atlantic Power Holdings, LLC (REMA), 1001 Broad Street, P. O. Box 1050 Johnstown, PA 15907-1050. Initial notice published at 31 Pa.B. 1406 (March 10, 2001) then superceded by a notice published at 32 Pa.B. 3425 (July 13, 2002).

   Project Description:  REMA has requested a section 401 State Water Quality Certification for the operation of the Piney Hydroelectric Project (Project) (FERC Project No. 309-PA) near the Borough of Clarion in Piney Township, Clarion County, ACOE Pittsburgh District (Clarion, PA Quadrangle N:  12.125 inches; W:  8.125 inches). REMA is seeking a license with the Federal Energy Regulatory Commission to operate Piney Dam. The Project currently operates as a peaking/load-regulating dam with restrictions on the summer and winter impoundment drawn down levels and minimum conservation releases. Under the current mode of operation, water is released from the Project during periods of power generation and when the storage capacity of the reservoir is exceeded. Minimum conservation releases of 100 cubic feet per second (cfs) from May 1 through October 31 and two 4-hour blocks of 500 cfs from November 1 through April 30 are also provided during periods of nongeneration. Final action on request September 3, 2002.

   Except as otherwise noted, the Department, under section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)), certifies that the construction and operation herein described will comply with the applicable provisions of sections 301--303, 306 and 307 of the act and that the construction will not violate applicable Federal and State water quality standards, provided the following requirements are met:

   a.  REMA operates the project as run-of-river from April 1 through June 20.

   b.  The minimum release from the project from June 21 through October 31 will be 174 cfs or the calculated flow into the project, whichever is less.

   c.  Provided sufficient inflow to the project exists, REMA, on three Saturdays, between June 21 and October 31, releases 600 cfs of water for 4 consecutive hours for recreational drift boating purposes.

   d.  REMA maintains project impoundment levels from June 21 through March 31 in a manner to protect Statewide water uses in the reservoir.

   e.  REMA maintains current releases from November 1 through March 31.

   f.  Monitoring for dissolved oxygen and temperature, during the summer months, is conducted 3 days a week prior to, during and following an electric generation event.

   g.  Monitoring of fish and benthic macroinvertebrate communities above and below the project is conducted.

   Final or proposed action on certain other certification requests for projects which require both a Water Obstruction and Encroachment permit and either a U.S. Army Corps of Engineers individual permit or a Nationwide Permit 14, 18 or 26 will be published with Actions of Applications filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

   For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

   Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

[Pa.B. Doc. No. 02-1685. Filed for public inspection September 27, 2002, 9:00 a.m.]



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