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PA Bulletin, Doc. No. 98-340d

[28 Pa.B. 1146]

[Continued from previous Web Page]

MINING

APPROVALS TO CONDUCT COAL AND
NONCOAL ACTIVITIES

   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. Mining activity permits issued in response to the applications will also address the applicable 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).

   Ebensburg District Office, 437 South Center Street, P. O. Box 625, Ebensburg, PA 15931-0625.

Coal Permits Issued

   32970102.  Derry International, Ltd. (P. O. Box 529, New Alexandria, PA 15670), commencement, operation and restoration of a bituminous strip mine in Blacklick Township, Indiana County, affecting 167.5 acres, receiving stream unnamed tributaries to Muddy Run; unnamed tributaries to Blacklick Creek; application received February 12, 1997, permit issued February 6, 1998.

   32960102.  Permit Revision. John R. Yenzi, Jr. (P. O. Box 287, Anita, PA 15711). The permit revision involves the addition of coal mining acreage as follows: On the Upper Freeport Seam, an additional 2.2 coal mining acres, on the Lower Freeport Seam, an additional 12.1 coal mining acres, and 20 Lower Freeport auger acres. Also, a request has been made to modify the proposed land usages on the properties of Genevieve, Raynold and Karen Haverilla, James Timblin, William Mahan and Sylvia Ferrara. Instead of returning these areas to forestland, it has been proposed to return them to pastureland or land occasionally cut for hay. The revision is located in Canoe Township, Indiana County, affecting 262 acres. Receiving stream unnamed tributaries to Canoe Creek to Canoe Creek to Little Mahoning Creek. Application received October 6, 1997. Application issued February 10, 1998.

   Greensburg District Office, R. D. 2, Box 603-C, Greensburg, PA 15601.

   26920106R.  Harry Lee and Rolland Herring (R. D. 1, Box 181, Masontown, PA 15461). Renewal permit issued for continued operation and reclamation of a bituminous surface mine located in Nicholson Township, Fayette County, affecting 22.0 acres. Receiving streams unnamed tributaries to Jacobs Creek. Renewal application received December 8, 1997. Renewal issued February 12, 1998.

   26970106.  T. L. Hill Coal Company (R. D. 3, Box 690A, Uniontown, PA 15401). Permit issued for commencement, operation and reclamation of a bituminous surface auger mine located in Georges Township, Fayette County, affecting 243.0 acres. Receiving streams unnamed tributaries to York Run, York Run, Georges Creek, Monongahela River. Application received September 25, 1997. Permit issued February 12, 1998.

   Knox District Office, P. O. Box 669, Knox, PA 16232.

   24870102.  Black Fox Development, Inc. (Box 176, Glen Campbell, PA 15742). Renewal of an existing bituminous strip and tipple refuse disposal operation in Jay Township, Elk County affecting 94.5 acres. This renewal is issued for reclamation only. Receiving streams unnamed tributary to Bennett Branch Sinnemahoning Creek. Application received December 15, 1997. Permit issued January 29, 1998.

   24970102.  Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824). Commencement, operation and restoration of bituminous strip operation in Fox Township, Elk County affecting 230.5 acres. Receiving streams two unnamed tributaries to Brandy Camp Creek, one unnamed tributary to McCauley Run and McCauley Run. Application received August 7, 1997. Permit issued January 29, 1998.

   33920110.  Cookport Coal Company, Inc. (425 Market Street, Kittanning, PA 16201). Revision to an existing bituminous strip and auger operation to change the postmining land use from pastureland to land occasionally cut for hay on the J. C. Enterprises and Mervin J. Adams properties in Porter Township, Jefferson County. Receiving streams unnamed tributary to Middle Branch Pine Run and unnamed tributary to Pine Run. Application received October 27, 1997. Permit issued February 3, 1998.

   33870113.  Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824). Commencement, operation and restoration of a bituminous strip operation in Winslow Township, Jefferson County affecting 257.0 acres. Receiving streams unnamed tributaries to Schoolhouse Run and unnamed tributaries to Panther Run. This renewal is issued for reclamation only. Application received November 7, 1997. Permit issued February 6, 1998.

   16970106.  Milestone Crushed, Inc. (521 South Street, Clarion, PA 16214). Commencement, operation and restoration of a bituminous strip operation in Perry Township, Clarion County affecting 14.6 acres. Receiving streams Dunlap Creek. Application received October 22, 1997. Permit issued February 9, 1998.

McMurray District Office

   14841601.  Northern Counties Coal Co., Inc. (P. O. Box 668, Philipsburg, PA 16866), to revise the permit for the Onemile Run Prep Plant in Rush Township, Centre County, sludge utilization, no additional discharges. Permit issued February 10, 1998.

   32931601.  Senate Coal Mines, Inc. (P. O. Box 682, Latrobe, PA 15650), to operate the Coral Tipple in Burrell Township, Indiana County, Twolick Creek. Permit issued February 10, 1998.

   03911302.  Rosebud Mining Co. (R. D. 9, Box 379A, Kittanning, PA 16201), to revise the permit for the Roaring Run Mine in Kiskiminetas Township, Armstrong County to add permit and subsidence control plan acres, no additional discharges. Permit issued February 10, 1998.

   32871301.  Florence Mining Co. (P. O. Box 51, New Florence, PA 15944), to revise the permit for the Heshbon Mine in West Wheatfield Township, Indiana County to postmining land use change to allow access road and sediment pond to remain, no additional discharge. Permit issued February 11, 1998.

   Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

   54773223T.  CLS Coal Company (P. O. Box 81, Port Carbon, PA 17965), transfer of an existing coal refuse reprocessing/disposal operation in Cass Township, Schuylkill County affecting 133.0 acres, receiving stream none. Transfer issued February 9, 1998.

   40850203C2.  Silverbrook Anthracite, Inc. (322 Simpson Street, Dupont, PA 18641), correction to an existing coal refuse disposal operation in Newport Township, Luzerne County affecting 49.0 acres, receiving stream none. Correction issued February 12, 1998.

   Greensburg District Office, R. D. 2, Box 603-C, Greensburg, PA 15601.

Noncoal Permits Issued

   03910401R.  M & M Line Co., Inc. (R. D. 1, Box 247M, Worthington, PA 16262). NPDES renewal issued for a large noncoal surface mine located in West Franklin Township, Armstrong County and Clearfield Township, Butler County. Receiving streams Buffalo Creek. Application received January 5, 1998. NPDES renewal issued February 10, 1998.

   Knox District Office, P. O. Box 669, Knox, PA 16232.

   20970303.  Frank Tucci (R. D. 2, Cambridge Springs, PA 16403). Commencement, operation and restoration of a sand and gravel operation in Rockdale Township, Crawford County affecting 12.7 acres. Receiving streams unnamed tributary to Kelly Run and Kelly Run. Application received April 17, 1997. Permit issued February 3, 1998.

   302732-20970303-E-1.  Frank Tucci (R. D. 2, Cambridge Springs, PA 16403). Application for a stream encroachment to conduct mining activities no closer than 50 feet to the unnamed tributary to Kelly Run for the purposes of support facility construction and maintenance in Rockdale Township, Crawford County. No mineral extraction may be conducted closer than 100 feet of the unnamed tributary to Kelly Run. Receiving streams unnamed tributary to Kelly Run and Kelly Run. Application received April 17, 1997. Permit issued February 3, 1998.

   43970302.  Donald Lark & Sons, Inc. (339 Garfield Street, West Middlesex, PA 16159). Commencement, operation and restoration of a sand and gravel operation in Shenango Township, Mercer County affecting 9.0 acres. Receiving streams unnamed tributary to the Shenango River. Application received June 3, 1997. Permit issued February 3, 1998.

   37970301.  Quality Aggregates, Inc. (P. O. Box 9347, Neville Island, PA 15225). Commencement, operation and restoration of a limestone operation in Slippery Rock Township, Lawrence County affecting 11.7 acres. Receiving streams unnamed tributary to Slippery Rock Creek. Application received October 2, 1997. Permit issued February 9, 1998.

   Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

General Small Noncoal Authorizations Granted

   58970866.  Craig R. Reeves (P. O. Box 190, South Montrose, PA 18843). Commencement, operation and restoration of a bluestone quarry operation in Forest Lake Township, Susquehanna County affecting 1.0 acre, receiving stream none. Authorization granted February 10, 1998.


Bureau of Deep Mine Safety

   The Bureau of Deep Mine Safety has approved a request for variance from Consolidation Coal Company. The following notification contains a summary of this request. Complete copies of the variance request may be obtained from Matthew A. Bertovich by calling (724) 439-7469.

   Summary of the Request: Consolidation Coal Company requested to increase shelter hole spacing in the track haulage entry in Mains Development to intervals up to 150-foot centers at the Dilworth Mine.

   The basis for the Bureau's approval can be summarized in the following statements:

   1.  All designed shelter holes in the affected areas will be marked with reflectors.

   2.  Crosscuts utilized as shelter holes shall be kept clear of refuse and other obstructions for a distance of 15 feet in length and 6 feet in width.

   3.  Crosscuts utilized as shelter holes shall be at least the height of the coal seam where the coal seam is less than 6 feet high, and at least 6 feet in height where the coal seam is 6 feet or more in height.

   4.  Work crews assigned to perform work along the haulageway in the affected area will notify the dispatcher of the location where work will be performed. Upon arrival at the work site, the workers will locate a crosscut or shelter hole where they can take refuge when haulage equipment is passing by.

   5.  The dispatcher will notify all track-mounted vehicle operators of the location of work crews performing work in the affected area. When any haulage equipment approaches a person who is traveling on foot, or working in the track entry, the equipment operator shall sound an alarm and bring such equipment to a complete stop. The equipment shall not pass until the person on foot has taken refuge in a shelter hole.

   6.  All persons working in the mine shall be notified of these provisions prior to implementation.

   7.  Locomotives used to transport supplies or equipment should be of sufficient size (tonnage) to be able to stop their loads within a safe distance.

   8.  All vehicles are operated at speeds which will allow for safe stops under prevailing track conditions.

   9.  Signs shall be posted stating that shelter hole spacing exceeds 80 feet.

   10.  Shelter holes shall be maintained at all switch throws and doors.

   11.  Supply cars and equipment shall be pulled by a locomotive in the direction of travel. When it is necessary to push nonpropelled (supply cars, and the like) track haulage equipment, it shall be done only from the last available track switch. Trip lights shall be used on the end that does not have a locomotive coupled.

   12.  Workers performing tasks along track haulage roads shall be provided with flashing warning lights. These devices shall be placed not more than 50 feet from each work site, and in clear view of approaching haulage equipment.

   13.  All mine workers and persons entering the mine shall be adequately trained and instructed concerning shelter hole procedures and safety precautions.

   14.  A mine phone shall be maintained at the track haulage switch for each working section off the main haulage.

   This approval is limited to a variance from the distance requirements for shelter holes contained in section 268(b) of the Bituminous Coal Mine Act. All other terms and requirements of section 268 shall remain in effect. Continued authorization for operation under the approval is contingent upon compliance with the measures described in the approved plan.

ACTIONS TAKEN UNDER SECTION 401: FEDERAL WATER POLLUTION CONTROL ACT

ENCROACHMENTS

   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)).

   Persons 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, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (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 at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.


Actions on applications filed 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 sections 5 and 402 of The Clean Streams Law (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.)

   Northeast Regional Office, Regional Soils and Waterways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) 826-5485.

   E40-473.  Encroachment. Penn State Seed Co., Inc., Box 390, Route 309, Dallas, PA 18612. To maintain fill within the floodway, along the easterly (right) bank of a 600-foot reach of Leonard Creek, including fill within 0.06 acre of wetlands. The project is located on the east side of S. R. 0309, approximately 2,300 feet south of the Luzerne/Wyoming County line (Center Moreland, PA Quadrangle N: 1.9 inches; W: 14.7 inches), in Dallas Township, Luzerne County. The permittee is required to provide 0.12 acre of replacement wetlands.

   E54-239.  Encroachment. Mountain Valley, Inc., P. O. Box 179, Mahanoy City, PA 17948. To construct and maintain a timber golf cart bridge, 250 feet in length by 10 feet in width across wetlands at the Mountain Valley Golf Course. This project is located between Interstate 81 and S. R. 1006 (Burma Road), 200 feet south of S. R. 1011 (Shenandoah, PA Quadrangle N: 7.5 inches; W: 1.0 inch) in Ryan Township, Schuylkill County.

   EA40-004NE.  Environmental Assessment. Luzerne County Flood Protection Authority, Luzerne County Courthouse, 200 North River Street, Wilkes-Barre, PA 18711-1001. To remove the abandoned Delaware and Hudson Railroad Bridge across the Susquehanna River. The bridge piers will be removed down to existing channel bed elevation. The project includes excavation/regrading along approximately 700 linear feet of the right bank and approximately 250 linear feet of the left bank, in the vicinity of the removed abutments/approaches, for the purpose of restoring the channel cross-section. The bridge is located approximately 1 mile upstream of the S. R. 2005 bridge (Wilkes-Barre West, PA Quadrangle N: 21.9 inches; W: 5.9 inches), in Wilkes-Barre City and Larksville Borough, Luzerne County.

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

   E12-103.  Encroachment. Pennsylvania Department of Transportation, Engineering District 3-0, 715 Jordan Ave., Montoursville, PA 17754. To remove an existing structure and to construct and maintain a prestressed concrete I-beam bridge with four normal clear spans of 94.16 feet, 91.44 feet, 91.44 feet and 94.16 feet respectively with a minimum underclearance of 17 feet across Bennetts Branch located approximately 1,300 feet north on T-343 from SR 0555 (Driftwood, PA Quadrangle N: 15.25 inches; W: 1.50 inches) in Gibson Township, Cameron County.

   E12-105.  Encroachment. Department of Conservation & Natural Resources, Bureau of Forestry, P. O. Box 8451, Harrisburg, PA 17101. To remove the existing structure and to construct and maintain a single span prestressed concrete adjacent box beam bridge with a clear span of 16,824 mm an underclearance of 2,455 mm and a clear roadway width of 6,614 mm over Mix Run on Red Run Road approximately 1.5 miles south of the intersection of Red Run Road with T-347 (Driftwood, PA Quadrangle N: 12.4 inches; W: 11.6 inches) in Gibson Township, Cameron County. Estimated stream disturbance is 60 meters of waterway and 29 square meters of wetlands; stream classification is high quality cold water fishery and is also listed as approved trout waters and as a surveyed stream having verified trout reproduction.

   E18-241.  Encroachment. Clinton Country Club, P. O. Box 436, Lock Haven, PA 17745. To construct and maintain a 20-foot by 24-foot rain shelter/pavilion with open sides in the floodway of Bald Eagle Creek located on the Clinton Country Club Golf Course, 48 feet from Bald Eagle Creek and approximately 1,200 feet upstream of Country Club Lane (Mill Hall, PA Quadrangle N: 21.5 inches; W: 16.5 inches) in Bald Eagle Township, Clinton County. This permit was issued under section 105.13(e) Small Projects.

   E59-353.  Encroachment. Norman E. Powell, Jr., Robert Powell, 1505 Naamans Creek Rd., Boothwyn, PA 19061. To construct and maintain a 44-foot clear span steel I-beam bridge over Catlin Hollow Creek located off SR 4035, 1.3 miles southeast of SR 0287 (Keeneyville, PA Quadrangle N: 11.4 inches; W: 3.0 inches) in Charleston Township, Tioga County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

DAM SAFETY


Actions on applications filed 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 sections 5 and 402 of The Clean Streams Law (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)).

   Central Office: Bureau of Waterways Engineering, 400 Market Street, 3rd Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, (717) 787-8568.

   LP15-064B.  Limited Power. Donald H. and Joan L. Silknitter (Rokeby Hollow, 1212 Doe Run Road, Coatesville, PA 19320). To operate and maintain an existing dam and hydroelectric generating plant on Buck Run, located 4 miles upstream of its confluence with Brandwyine Creek in West Marlborough Township, Chester County.

ENVIRONMENTAL ASSESSMENT

   Central Office: Bureau of Waterways Engineering, 400 Market Street, 6th Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, (717) 787-8568.

   EA22-010C0.  Environmental Assessment. Levi Esh (285 Smith Road, Millersburg, PA 17061). To construct and maintain a nonjurisdictional dam across a tributary to Little Wiconisco Creek (WWF) for the purpose of recreation and is located approximately 2,400 feet northeast of the intersection of Kessler Road and T633 (Elizabethville, PA Quadrangle N: 19.10 inches; W: 13.25 inches) in Mifflin Township, Dauphin County.



SPECIAL NOTICES

Planning Grant Awards Under the Municipal Waste Planning Recycling and Waste Reduction Act

   The Department of Environmental Protection (Department), hereby announces the following grants to counties under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) (53 P. S. §§ 4000.101--4000.1904). The awards are based upon applications received by the Department in 1997.

   Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by Act 101, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, and for environmental mediation. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101, and the availability of monies in the Recycling Fund.

   Inquiries regarding the grant offerings should be directed to Sally Lohman, Planning Section, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472.


Act 101 Section 901 Planning Grants

Bureau of Land Recycling and Waste Management

CountyActivitiesDEP Grant
Northcentral Region
Union CountyRevise the Union County Municipal Waste Management Plan$34,578
      Total$34,578
[Pa.B. Doc. No. 98-340. Filed for public inspection February 27, 1998, 9:00 a.m.]



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