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PA Bulletin, Doc. No. 96-1379d

[26 Pa.B. 4103]

[Continued from previous Web Page]


Request for Variance

   The Bureau of Deep Mine Safety has approved a request for variance from the Tanoma Mining Company. The following notification contains a summary of both this request and the Department's decision regarding approval. Complete copies of both the variance request and the Department's decision may be obtained from Glen Ziegler by calling (717) 787-1376.

   Summary of the request: Tanoma Mining Company's plan calls for the use of electronic detectors to detect for oxygen deficiency in lieu of the permissible flame safety lamp for machine runners. Tanoma mining believes that an oxygen detector with alarm capabilities provides at least the same level of protection as the flame safety lamp for the machine operator. Additionally, the Tanoma Mining Company would provide its machine operators with separate electronic detectors that test the mine atmosphere for methane concentrations.

   Summary of the decision: The Bureau has determined that Tanoma Mining Company's approved plan will provide protection to personnel and property substantially equal to or in excess of the requirements set forth in the Bituminous Coal Mine Act. The basis for the Bureau's determination for approval can be summarized in the following conclusions:

   1.  Methane and oxygen detectors, both with alarm capabilities, will be used. A single detector that has the capability of sampling the mine atmosphere for both methane and oxygen is also acceptable.

   2.  Detectors will be calibrated and examined as per manufacturers' specifications.

   3.  The variance is for machine runners only. Shot-firers and Mine officials (mine foremen, assistant mine foremen, mine electricians and mine examiners) are not covered under this variance.

   4.  Certified officials and machine runners throughout the bituminous coal mining industry were surveyed. The results indicate an agreement with the proposal that methane and oxygen detectors would provide protection equal to or better than a flame safety lamp for machine runners.

   This approval is limited to a variance from the requirements for flame safety lamps contained in section 316(h)(1) of the Bituminous Coal Mine Act. All other terms and requirements of section 316 shall remain in effect. Continued authorization for operation under the approval is contingent upon compliance with the measures described in the approved plan.

   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 (33 U.S.C.A. § 1341(a)).

   Any person aggrieved by this 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, P. O. Box 8457, Harrisburg, PA 17105-8457, telephone (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, telephone (800) 654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action 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, telephone (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.


Actions on applications 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), sections 5 and 402 of the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S. §§ 691.5 and 691.402) 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: Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description).

   Southcentral Region: Water Management Program, Soils and Waterways Section, One Ararat Boulevard, Room 126, Harrisburg, PA 17110, telephone (717) 657-4590.

   E01-167.  Encroachment. Steve Shriver, 130 Hanover Street, New Oxford, PA 17350. To abandon 75 L. F. of stream channel and to construct and maintain 35 L. F. of new stream channel and to construct and maintain 30 L. F. of a 6-foot diameter C.M.P. on an unnamed tributary to the south branch Conewago Creek for a private drive to be located west of Lingg Road approximately 0.5 mile north of Irishtown Road (McSherrystown, PA Quadrangle N: 17.8 inches; W: 7.2 inches) in Oxford Township, Adams County.

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

   E23-342.  Encroachment. Township of Ridley, MacDade Boulevard and Morton Avenue, Folsom, PA 19033-0000. To construct and maintain a stream improvement project along Little Crum Creek which consists of widening approximately 700 linear feet of stream channel for the purpose of increasing hydraulic capacity. This project is located approximately 1,000 feet southeast from the intersection of Park Avenue and Michigan Avenue (Lansdowne, PA Quadrangle N: 3.2 inches; W: 12.4 inches) in Ridley Township, Delaware County.

Permits Issued and Actions on 401 Certifications

   Northcentral Region: Water Management--Soils and Waterways, F. Alan Sever, Chief, 208 West Third St., Williamsport, PA 17701.

   E19-150.  Water obstruction and encroachment. DEP, Bureau of Abandoned Reclamation, 93 North State St., Wilkes-Barre, PA 18701-3195. To displace 2.8 acres of water to fill four abandon strip mine pits for the reclamation of a 125.8 acre site. The proposed work shall consist of pumping water, filling, regrading, seeding and mulching within 61.4 acres of drainage to Beaver Run and 64.4 acres of drainage to Scotch Run. The project is located along the southern right-of-way of SR 2022 approximately 1.2 miles east of the intersection of T-399 and SR 2022 (Shumans, PA Quadrangle N: 17.8 inches; W: 4.5 inches) in Beaver Township, Columbia County.

   E41-366.  Water obstruction and encroachment. Diana Van Fleet, R. R. 1, Box 298, Linden, PA 17744. To modify and maintain an existing bridge across Pine Run. The project is located off Pine Road about 0.4 mile north of Route 220 (Linden, PA Quadrangle N: 17.5 inches; W: 8.25 inches) in Woodward Township, Lycoming County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E53-286.  Water obstruction and encroachment. Daniel and Frances Reilly, 254 Dickie Ave., Staten Island, NY 10314. To construct and maintain a single span bridge with a span of 32 feet and an approximate underclearance of 4 feet across east branch Fishing Creek located approximately 3.1 miles northbound on Fishing Creek Road from its intersection with SR 0006 (Coudersport, PA Quadrangle N: 11.0 inches; W: 15.3 inches) in Roulette Township, Potter County. This permit was issued under section 105.13(e) ''Small Projects.''

   E59-320.  Water obstruction and encroachment. Patterson Lumber Co. Inc., P. O. Box 57, Wellsboro, PA 16901. To construct and maintain a steel stringer bridge with a clear span of 66.6 feet and an average underclearance of 7 feet across Long Run located 140 feet east of SR 0349 approximately 3.2 road miles north from SR 0006 (Sabinsville, PA Quadrangle N: 8.1 inches; W: 9.8 inches) in Gaines Township, Tioga County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E59-322.  Water obstruction and encroachment. DCNR, P. O. Box 8451, Harrisburg, PA 17105-8451. To remove an existing structure and to construct and maintain a reinforced concrete box culvert with a span of 7.5 feet, a rise of 5.5 feet and a length of 22.0 feet to carry Mine Hole Road across East Mine Hole Run. The project is located along the eastern right-of-way of SR 3001 approximately 2.2 miles northeast of the intersection of SR 3001 and Mine Hole Run Road (Cedar Run, PA Quadrangle N: 14.2 inches; W: 8.3 inches) in Morris Township, Tioga County.

   Southwest Regional Office: Soils and Waterways Section, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

   E02-1141.  Encroachment. H&H Development Co., 939 Sheraton Drive, Mars, PA 16046. To construct and maintain two stream enclosures, one consisting of a 72-inch diameter culvert approximately 115.0 feet in length in Pine Creek and a 72-inch diameter culvert approximately 140.0 feet in length in Pine Creek (each 1.0 foot depressed) and to place and maintain fill in approximately 0.62 acre of wetlands to provide access to the Grey Oaks Plan of Lots. The project is located on Willow Oak Drive, approximately 75.0 feet west from the intersection of Willow Oak Drive and Wexford Run Road (Emsworth, PA Quadrangle N: 21.0 inches; W: 10.9 inches) in Franklin Park Borough, Allegheny County. This permit also authorizes the construction of 0.62 acre of replacement wetlands.

   E02-1147.  Encroachment. Allegheny County Commissioners, 501 County Office Building, Forbes Ave. & Ross Street, Pittsburgh, PA 15219. To construct and maintain a 140-foot long soldier beam and lagging wall and replace an existing 24-inch CMP outfall with a new 24-inch CMP outfall pipe along the left bank of Lick Run for the purpose of improving the slope stability of Broughton-Cochran Mill Road. The project is located along the west side of Broughton-Cochran Mill Road approximately 100 feet south of the intersection of Broughton-Cochran Mill Road and McElhaney Road (Glassport, PA Quadrangle N: 10.7 inches; W: 14.2 inches) in Jefferson Borough, Allegheny County.

   E26-220.  Encroachment. Department of Transportation, P. O. Box 459, Uniontown, PA 15401. To remove the existing structure and to construct and maintain a 3-span bridge having normal clear spans of 171.1 feet, 209.5 feet, and 171.1 feet with an underclearance of 40.8 feet across Cheat River on S. R. 0019, Section B11, Station 14+, and to place and maintain fill in a de minimus area of wetlands equal to or less than 0.05 acre. The project includes construction and maintenance of four causeways consisting of 48-inch diameter pipes (Morgantown, North, WV--PA Quadrangle N: 21.2 inches; W: 3.4 inches) in Point Marion Borough and Springhill Township, Fayette County.

   E32-363R.  Encroachment. Clair L. and Donna M. Ruffner, R. R. 6, Box 237, Indiana, PA 15701. To place and maintain fill along Crooked Creek for the development of a retail fuel service station located on the east side of S. R. 286 approximately 2.8 miles from the SR 119 overpass (Clymer, PA Quadrangle N: 7.2 inches; W: 11.55 inches) in Rayne Township, Indiana County.

   E65-628.  Encroachment. Arthur J. Nobile, 303 Farmington Drive, Greensburg, PA 15601. To place and maintain fill having an area no greater than 20,000 square feet in the existing impoundment of the Township Line Dam (DEP File No. D65-033) for the purpose of creating a golf course green. The project is located along S. R. 130 at the Lago De Vita residential/golf course plan (Latrobe, PA Quadrangle N: 5.1 inches; W: 17.0 inches) in Unity Township, Westmoreland County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

Permits Issued and Actions on 401 Certification

   Northwest Regional Office: Soils and Waterways Section, 230 Chestnut Street, Meadville, PA 16335-3481, telephone (814) 332-6942.

   E10-236.  Encroachment. Cranberry Township Supervisors, 2525 Rochester Road, Cranberry Township, PA 16066. To remove debris and bedload deposits from two locations of the channel of Brush Creek in Cranberry Township, Butler County. One is an approximate 300-foot reach extending 115 feet upstream and 140 feet downstream of the Rochester Road (S. R. 3022 bridge, including the area under the bridge (Mars, PA Quadrangle N: 12.9 inches; W: 16.65 inches). This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E24-195.  Encroachment. Municipal Authority of the Borough of St. Marys, 808 South Michael Road, P. O. Box 1994, St. Marys, PA 15857-1994. To construct and maintain a flood protection project on Elk Creek at the St. Marys Wastewater Treatment Plant along S. R. 120 consisting of the following: (1) remove bedload deposits from a total of 540 feet of stream channel; (2) construct a 300-foot long by 40-foot wide high flow channel; (3) construct a 385-foot long earth dike with a top width of 6 feet and a height of 4 feet above the bottom of the high flow channel; and (4) install approximately 300 feet of rock riprap bank protection. (St. Marys, PA Quadrangle N: 8.5 inches; W: 10.5 inches located in the Borough of St. Marys, Elk County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E25-538.  Encroachment. Wegmans Food Markets, Inc., 1500 Brooks Avenue, P. O. Box 844, Rochester, NY 14692. To fill a total of 0.37 acre of wetland, relocate approximately 1,940 feet of a tributary to Walnut Creek and construct and maintain a stormwater detention facility as part of a commercial retail facility along the north side of S. R. 20 (West Ridge Road) approximately 1,800 feet west of Asbury Road (Swanville, PA Quadrangle N: 12.8 inches; W: 8.7 inches) located in Millcreek Township, Erie County.

   E43-250.  Encroachment. Grove City Country Club, Box 427, 73 Country Club Road, Grove City, PA 16127. To construct and maintain a bridge having a single 20-foot span across a wetland impacting a de minimus area of the wetland for a golf cart crossing in the Grove City Country Club Golf Course approximately 1,400 feet southwest of the clubhouse (Grove City, PA Quadrangle N: 3.5 inches; W: 16.0 inches) located in Pine Township, Mercer County.


SPECIAL NOTICES

Notice of Certification to Perform Radon-Related Activities in Pennsylvania

   In the month of July 1996, the Department of Environmental Protection under the authority contained in the Radon Certification Act (63 P. S. §§  2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed below to perform radon-related activities in Pennsylvania. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in Pennsylvania and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, 1-800-23RADON.


Type of
NameAddressCertification
Robert Amram
Radon Testing Corporation of America
2 Hayes Street
Elmsford, NY 10523
Laboratory
Mark Bibbens518 Westfield Drive
Exton, PA 19341
Testing
Joseph A. Cocciardi4 Kacey Court
Mechanicsburg, PA 17055
Testing
Kevin M. Fischer, P.E.P. O. Box 586
Yardley, PA 19067
Testing
James A. Forshey1635A East Pleasant Valley Boulevard
Altoona, PA 16602
Testing
Kenneth A. Harrold1120 Sandstone Road
Greensburg, PA 15601
Testing
Robert Haushalter, Jr.
Volz Environmental Services, Inc.
1200 Gulf Lab Road
Pittsburgh, PA 15238
Testing
Kenneth Leath356 East Outer Drive
State College, PA 16801
Testing
Daniel Mills74 Wynne Avenue
Pittsburgh, PA 15206
Testing
Clarence Sisco
Cape Atlantic, Inc.
P. O. Box 954, Townshipline Road
Blue Bell, PA 19422
Testing
[Pa.B. Doc. No. 96-1379. Filed for public inspection August 23, 1996, 9:00 a.m.]



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