[29 Pa.B. 3225]
[Continued from previous Web Page] Because of the threat to human health and the environment posed by the QCC site, the site was deemed as a HSCA site on August 12, 1994 under section 502 of HSCA, 35 P. S. § 6020.502. The Department subsequently implemented and completed an interim response from March 20, 1995 through February 8, 1996 to address the release or threat of release of hazardous substances. To date, the Department has incurred response costs of approximately $1.85 million related to the release or threat of release of hazardous substances.
The Department has entered into Consent Decrees for settlements with the following Defendants in the matter of Commonwealth of Pennsylvania, Department of Environmental Protection v. Borden Chemical, Inc., et al., 99-CV-647 (E.D. Pa.): Borden Chemical, Inc., Ciba Specialty Chemicals Corporation, Novartis Corporation, Cookson Pigments, Inc., Daicolor-Pope, Inc., E. F., Houghton & Company, Millmaster Onyx Group and United States Printing Ink, A Division of Sun Chemical Corporation, for and in place of United States Printing Ink Corporation, National Starch and Chemical Co., Reichhold, Inc., and Zeneca, Inc.
The proposed Consent Decrees with Defendants were lodged with the United States District Court for the Eastern District of Pennsylvania on February 5, 1999. Under the terms of the Consent Decrees subject to this notice, the Department will receive a total of $960,478.09.
This notice is provided under section 1113 of HSCA, 35 P. S. § 6020.1113. The proposed Consent Decree is subject to final approval by the Department following the receipt and review of any comments submitted by the public. The proposed Consent Decrees containing the specific terms of the settlements are available for public review and comment. The proposed Consent Decrees can be examined from 8 a.m. to 4 p.m. at the Department's office at 555 North Lane, Suite 6010, Lee Park, Conshohocken, PA 19428 by contacting Sonja Smith at (610) 832-6003 or through the PA AT&T Relay Service at (800) 654-5984 (TDD). A public comment period on the proposed consent order and agreement will extend for 60 days from the date of publication of this notice. Persons may submit written comments regarding the proposed Consent Decrees to the Department by August 25, 1999, by submitting them to April Flipse, Project Officer, at the above address.
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
Under Act 2, 1995
Preamble 2
The following final reports were submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Provisions of Chapter 3 of the Land Recycling and Environmental Remediation Standards Act (Act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of submission of final reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the Act's remediation standards. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis for selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed, and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected.
For further information concerning the final report, please contact the Environmental Cleanup Program Manager in the Department of Environmental Protection Regional Office under which the notice of receipt of a final report appears. If information concerning a final report is required in an alternative form, contact the community relations coordinator at the appropriate regional office listed. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department of Environmental Protection has received the following final report(s):
Southwest Field Office: John J. Matviya, Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-5217.
Bell Atlantic-Material Reclamation Center, Youngwood, Westmoreland County. Buncher Management Agency, Inc., 5600 Forward Avenue, Box 81930, Pittsburgh, PA 15217-0187 and Michael Galenski, Bell Atlantic-Pennsylvania, Inc., 1717 Arch Street 25W, Philadelphia, PA 19103 has submitted a Final Report concerning remediation of site soil and groundwater contaminated with lead. The report is intended to document remediation of the site to meet the Statewide health standard.
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
Under Act 2, 1995
Preamble 3
The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908) and Chapter 250 Administration of Land Recycling Program.
Provisions of 25 Pa. Code § 250.8 Administration of Land Recycling Program requires the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of its final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the Land Recycling and Environmental Remediation Standards Act (act). Plans and reports required by provisions of the act for compliance with selection of remediation to a site-specific standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of reuse of the property, and in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. A cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis for selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports contact the Environmental Cleanup Program Manager in the Department's Regional Office under which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the community relations coordinator at the appropriate Regional Office listed. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department has acted upon the following plans and reports:
Southeast Regional Office: Environmental Cleanup Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, (610) 832-5950.
Katz & Katz, Hilltown Township, Bucks County. Michael A. Christie, P. G., Penn Environmental & Remediation, Inc., 2755 Bergey Road, Hatfield, PA 19440, has submitted a Final Report concerning remediation of site soils contaminated with petroleum hydrocarbons. The report demonstrated attainment of the Statewide health standard and was approved by the Department on May 17, 1999.
10 E. Wolf Street Site, City of Philadelphia, Philadelphia County. Thomas G. May, Urban Engineers, Inc., 530 Walnut Street, 14th Floor, Philadelphia, PA 19106, has submitted a Baseline Remedial Report concerning remediation of site soils contaminated with lead and polycyclic aromatic hydrocarbons and groundwater contaminated with lead, heavy metals, BTEX and polycyclic aromatic hydrocarbons. The report was approved by the Department on May 19, 1999.
Spring Mill Estates-North Parcel, Upper Providence Township, Montgomery County. Ann Logue, DelVal Soil & Environmental Consultants, Inc., Sky Run II, Suite A1, 4050 Skyron Drive, Doylestown, PA 18901, has submitted a Final Report concerning remediation of site soils contaminated with heavy metals. The report demonstrated attainment of the Statewide health standard and was approved by the Department on May 26, 1999.
SMK Speedy International, Inc., City of Chester, Chester County. Sean Grexa, The Tyree Organization, Ltd., 1350 S. U. S. Highway 130, Burlington, NJ 08016, has submitted a Remedial Investigation Report concerning remediation of site soils and groundwater contaminated with polycyclic aromatic hydrocarbons. The report was approved by the Department on May 26, 1999.
Montgomery Equities, Inc., Plymouth Township, Montgomery County. Darryl D. Borrelli, Manko, Gold & Katcher, LLP, Suite 500, 401 City Avenue, Bala Cynwyd, PA 19004, has submitted a Final Report concerning remediation of site soils contaminated with PCBs, lead, heavy metals, pesticides, dioxin, solvents, BTEX, petroleum hydrocarbons, and polycyclic aromatic hydrocarbons. The report demonstrated attainment of the Statewide health standard and was approved by the Department on May 27, 1999.
Penns Park Road Spill Site, Wrightstown Township, Bucks County. Richard A. Weaver, Kleeman Associates, Inc., 1500 S. Delaware Avenue, Suite 200, Philadelphia, PA 19147, has submitted a Final Report concerning remediation of site soils contaminated with petroleum hydrocarbons. The report demonstrated attainment of the Statewide health standard and was approved by the Department on May 28, 1999.
PECO Energy Company--Former Germantown Service Facility, City of Philadelphia, Philadelphia County. Blake N. Moyer, Jr., National Environmental Technologies Corp., 2840 W. Clymer Avenue, P. O. Box 204, Telford, PA 18969, has submitted a Final Report concerning remediation of site soils contaminated with petroleum hydrocarbons. The report demonstrated attainment of the Statewide health standard and was approved by the Department on June 1, 1999.
SOLID AND HAZARDOUS WASTE
BENEFICIAL USE DETERMINATIONS
Approval of determination of applicability under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904); and residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.
Central Office: Division of Municipal and Residual Waste, 14th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8472.
General Permit Determination of Applicability No. WMGR003D001. CMI-Tech Cast, Inc., 640 South Cherry Street, Myerstown, PA 17067. This determination of applicability under permit WMGR003 is for the beneficial use of waste foundry sand from an investment casting foundry, using the lost wax casting process, for use as a fine aggregate, road bedding material or pipe bedding material. The determination of applicability was issued by Central Office on June 4, 1999.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Permits revoked under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) and regulations to operate solid waste processing or disposal area or site.
Responsible Office: Southcentral Regional Office, Regional Solid Waste Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4706.
Permit No. 603285. Frank Borkey Farms BE5-1 and BE5-2, BIO GRO Division, (P. O. Box 266, Somerset, PA 15501). This permit has been revoked at the request of the permittee for a site in Upper Bern Township, Berks County. Permit revoked in the Regional Office May 28, 1999.
Permit No. 603285. Harold Hetrick Farm, BIO GRO Division, (P. O. Box 266, Somerset, PA 15501). This permit has been revoked at the request of the permittee for a site in Oley Township, Berks County. Permit revoked in the Regional Office June 3, 1999.
Permits issued under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000-1904); and regulations to operate solid waste processing or disposal area or site.
Northwest Regional Office: Regional Solid Waste Manager, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6848.
A permit to operate a municipal waste transfer station was issued by the Regional Office on May 17, 1999, to Sanitation Disposal Inc., Permit No. 101487, 1626 Raspberry Street, Erie, PA 16502, located in the City of Erie, Erie County.
General permit under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904); and the municipal waste regulations for a general permit to operate infectious waste processing facilities.
Central Office: Division of Municipal and Residual Waste, 14th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101-2301.
General Permit Application No. WMGI011. Antaeus Group, Inc., P. O. Box 432, Hunt Valley, MD 21030. General permit for the processing of infectious waste through the use of mechanical grinding, superheated water and steam was issued by Central Office on June 2, 1999.
AIR QUALITY
OPERATING PERMITS
General Plan Approval and Operating Permit issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Northeast Regional Office: Air Quality Program, Two Public Square, Wilkes-Barre, PA 17811-0790, (570) 826-2531.
GP-20-277. Range Operating Co., Anderson Compressor Station (State Route 1018, Bloomfield Township, PA 16404) issued June 3, 1999, for operation of a natural gas fired compressor engine in Bloomfield Township, Crawford County.
GP-20-273. Range Operating Co., Izbicki Compressor Station (State Route 1024, Centerville, PA 16404) issued June 3, 1999, for operation of a natural gas fired compressor engine in Athens Township, Crawford County.
GP-20-254. Range Operating Co., Hasbrouck Compressor Station (Bethel Road, State Route 1032, Rome Township, PA 16404) issued June 3, 1999, for the operation of a natural gas fired compressor engine in Rome Township, Crawford County.
GP-62-154. Range Operating Co., Swart Compressor Station (Jinks Road, Spring Creek, PA 16404) issued June 3, 1999, for operation of a natural gas fired compressor engine in Springcreek Township, Crawford County.
Operating Permits issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Northcentral Regional Office: Air Quality Program, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-3637.
TVOP-53-00004. CNG Transmission Corp., Harrison Station (5th Floor, 625 Liberty Avenue, Pittsburgh, PA 15222-3197) issued June 4, 1999, for natural gas fired internal combustion engines, boilers, storage tanks and heaters in Harrison Township, Potter County.
TVOP-59-00005. CNG Transmission Corporation, Sabinsville Station (5th Floor, 625 Liberty Avenue, Pittsburgh, PA 15222-3197) issued June 9, 1999, for natural gas fired internal combustion engines, boilers, storage tanks and heaters in Clymer Township, Tioga County.
City of Philadelphia, Air Management Services, 321 University Avenue, Philadelphia, PA 19104, (215) 823-7584.
S95-035. International Paper (2100 East Byberry Road, Philadelphia, PA 19116) issued June 10, 1999, for operation of a flexographic printing facility in Philadelphia County.
S95-074. Veterans Affairs Medical Center and Nursing Home Care Unit (University and Woodland Avenues, Philadelphia, PA 19104) issued June 10, 1999, for operation of a hospital and nursing home in Philadelphia County. The facility's air emission sources include boilers (three are rated at 29.4 mmbtu/hr), hot water heaters, emergency generators, and ethylene oxide sterilizers.
S97-013. Laurel Linen Service (4601 West Girard Avenue, Philadelphia, PA 19131) issued June 10, 1999, for operation of a commercial laundry/linen supplier in Philadelphia County. The facility's air emission source is a 16.7 mmbtu/hr boiler.
S96-024. Saint Joseph's University (5930 City Line Avenue, Philadelphia, PA 19131) issued June 10, 1999, for operation of a university providing education in Philadelphia County. The facility's air emission sources include boilers (two rated at 13.4 mmbtu/hr and one rated at 20.7 mmbtu/hr), hot water heaters and emergency generators.
S95-070. Henshell Corp. (2922 North 19th Street, Philadelphia, PA 19132) issued June 10, 1999, for operation of electrocoating and powder coating finishes to plastic and metal parts, primarily for the automotive and construction fastener industries in Philadelphia County. The facility's air emission sources include boilers, a heater, coating process, ovens and pyrolysis cleaning furnace.
PLAN APPROVALS
Plan Approvals issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Northwest Regional Office: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6940.
PA-33-155A. Trail King Industries, Inc. (Exit 14, Interstate 80, Brookville, PA 15825) issued June 7, 1999, for installation of a paint booth in Brookville, Jefferson County.
PA-20-232A. Meadville Plating Co. (10775 Franklin Pike, Meadville, PA 16335) issued June 3, 1999, for installation of two packed bed scrubbers in West Mead Township, Crawford County.
PA-10-028F. Armstrong Cement & Supply Co. (100 Clearfield Road, Cabot, PA 16023) issued June 3, 1999, for installation of an electrostatic precipitator in West Winfield Township, Butler County.
Plan Approvals extensions issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Southwest Regional Office: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4174.
PA-11-005B. Bar Technologies, Inc. (1001 Main Street, Gate 3, Johnstown, PA 15909) issued June 9, 1999, for installation of bloom/billet caster at Johnstown Plant in Franklin Borough, Cambria County.
04-307-073C. Koppel Steel Corp. (P. O. Box 750, Beaver Falls, PA 15010) issued June 9, 1999, for installation of multi-lance manipulator at Koppel Plant in Koppel Borough, Beaver County.
PA-65-173A. Dynamic Metal Forming, Inc. (7544 Route 18 North, Koppell, PA 16136) issued June 9, 1999, for installation of replacement degreaser tank at the Scottdale Plant in Scottdale Borough, Westmoreland County.
PA-04-483B. Interforest Corp. (119 AID, Darlington, PA 16115) issued June 9, 1999, for installation of two hurst boilers at Penn-Beaver Veneers Corp. in Darlington Township, Beaver County.
PA-56-266A. Double D. Energy Association, LLC (106 East Market Street, Suite 615, Warren, OH 44481) issued June 9, 1999, for installation of Coal Alomeration in Shade Township, Somerset County.
Northwest Regional Office: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6940.
PA-43-034A. Dunbar Asphalt Products, Inc. (Ohio Street Extension, P. O. Box 291, Wheatland PA 16161) issued April 30, 1999, for a bituminous Asphalt Plant in Wheatland, Mercer County.
MINING
APPROVALS TO CONDUCT COAL AND NONCOAL ACTIVITIES The Bureau of Deep Mine Safety (BDMS) has approved Eighty Four Mining Company's request for a variance from the requirements of section 268(b) of the Pennsylvania Bituminous Coal Mine Act at the Mine 84 concerning shelter hole construction. This notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
Summary of the request: Eighty Four Mining Company requested a variance from section 268(b) of the Pennsylvania Bituminous Coal Mine Act for a ''shelter hole notch'' to be cut into the clearance side coal rib at Mine 84. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 268(b).
The basis for the Bureau's approval is summarized in the following conclusions: Eighty Four Mining Company's request for ''shelter notches'' provides equal protection to the employes as compared to the alternative method which would require persons traveling underneath high voltage cable, trolley wire, and also exiting the vehicles and crossing the track in front of or behind vehicles.
Advantages to the ''Shelter Notch'' are as follows:
1. The width and height of the notch are the same as a crosscut.
2. The dimensions of the notch are adequate given the absence of coal haulage equipment.
3. Persons are not required to travel near or under high voltage cables and/or trolley wire.
This approval is limited to Eighty Four Mining Company's variance from the requirements in section 268(b). All other terms and requirements of section 268(b) shall remain in effect. Continued authorization for operation under the approval is contingent upon compliance with the measures described in Mine 84's plan.
The Bureau of Deep Mine Safety (BDMS) has approved Mears Enterprises, Inc.'s request for a variance from the requirements of section 242(c) of the Pennsylvania Bituminous Coal Mine Act at the Ondo Mine. This notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
Summary of the request: Mears Enterprises, Inc. requested a variance from section 242(c) of the Pennsylvania Bituminous Coal Mine Act to allow for the common ventilation of belt conveyor entry with other entries at the Ondo Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 242(c).
The basis for the Bureau's approval is summarized in the following statements:
1. Ondo's plan provides early warning fire detection by the use of carbon monoxide (CO) detectors, and audible alarm over the mine communication system.
2. Ondo's plan provides a separate, isolated intake escapeway that will be maintained at a higher ventilation pressure than the belt and common entries.
3. Ondo's plan provides for the belt and common entries to serve as an alternate intake escapeway.
4. There are significant health and safety benefits associated with allowing entries in common with the belt entry. Repair and maintenance work in the belt entry is afforded safer access. Improved visual safety inspections are facilitated by open crosscuts.
This approval is limited to a variance from the requirements in section 242(c) requiring that the belt entry is isolated from other entries. All other terms and requirements of section 242(c) shall remain in effect. This approval applies to all areas developed after May 20, 1998. Continued authorization for operation under the approval is contingent upon compliance with the measures described in Ondo's approved plan.
The Bureau of Deep Mine Safety (BDMS) has approved Helvetia Coal Company's request for a variance from the requirements of section 268(b) of the Pennsylvania Bituminous Coal Mine Act at the Lucerne No. 6 Extension Mine. This notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
Summary of the request: Helvetia Coal Company requested a variance from section 268(b) of the Pennsylvania Bituminous Coal Mine Act to extend shelter hole spacing to a maximum of 130 feet in the Stewart Run Stream area of D-Main for a distance of approximately 500 feet at the Lucerne No. 6 Extension Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 268(b).
The basis for the Bureau's approval is summarized in the following statements:
1. All rail equipment must stop and let workers enter the nearest shelter hole before proceeding.
2. The track haulage is used for transportation of personnel and mine supplies. Coal is transported by belt conveyor.
3. Signs will identify the area in question, and shelter hole location will be marked with a reflective indicator.
This approval is limited to a variance from the requirements in section 268(b) requiring that shelter hole spacing not exceed 80 feet. All other terms and requirements of section 268(b) shall remain in effect. This approval applies to the area specified. Continued authorization for operation under the approval is contingent upon compliance with the measures described in Lucerne's approved plan and the following conditions:
1. Signs shall be posted inby and outby the Stewart Run Stream area in D-Main that state the shelter hole spacing may vary up to 130 feet.
2. Flashing warning lights shall be placed at least 100 feet from each approach to each work site when men are working in the affected area.
The Bureau of Deep Mine Safety (BDMS) has approved Pierpont Mining, Inc.'s request for a variance from the requirements of section 242(c) of the Pennsylvania Bituminous Coal Mine Act at the Pierpont No. 10 Mine. This notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep.deputate/minres/dms/dms.htm.
Summary of the request: Pierpont Mining, Inc. requested a variance from section 242(c) of the Pennsylvania Bituminous Coal Mine Act to allow for the common ventilation of belt conveyor entry with other entries at the Pierpont No. 10 Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 242(c).
The basis for the Bureau's approval is summarized in the following statements:
1. Pierpont's plan provides early warning fire detection by the use of carbon monoxide (CO) detectors, and audible alarm over the mine communication system.
2. Pierpont's plan provides a separate, isolated intake escapeway that will be maintained at a higher ventilation pressure than the belt and common entries.
3. Pierpont's plan provides for the belt and common entries to serve as an alternate intake escapeway.
4. There are significant health and safety benefits associated with allowing entries in common with the belt entry. Repair and maintenance work in the belt entry is afforded safer access. Improved visual safety inspections are facilitated by open crosscuts.
This approval is limited to a variance from the requirements in section 242(c) [DEP1] requiring that the belt entry is isolated from other entries. All other terms and requirements of section 242(c) [DEP2] shall remain in effect. This approval applies to all areas developed after May 20, 1998. Continued authorization for operation under the approval is contingent upon compliance with the measures described in Pierpont Mining Inc.'s approved plan.
The Bureau of Deep Mine Safety (BDMS) has approved Mears Enterprises, Inc.'s request for a variance from the requirements of section 242(c) of the Pennsylvania Bituminous Coal Mine Act at the Penn Run Mine. This notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
Summary of the request: Mears Enterprises, Inc. requested a variance from section 242(c) of the Pennsylvania Bituminous Coal Mine Act to allow for the common ventilation of belt conveyor entry with other entries at the Penn Run Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 242(c).
The basis for the Bureau's approval is summarized in the following statements:
1. Penn Run's plan provides early warning fire detection by the use of carbon monoxide (CO) detectors, and audible alarm over the mine communication system.
2. Penn Run's plan provides a separate, isolated intake escapeway that will be maintained at a higher ventilation pressure than the belt and common entries.
3. Penn Run's plan provides for the belt and common entries to serve as an alternate intake escapeway.
4. There are significant health and safety benefits associated with allowing entries in common with the belt entry. Repair and maintenance work in the belt entry is afforded safer access. Improved visual safety inspections are facilitated by open crosscuts.
This approval is limited to a variance from the requirements in section 242(c) requiring that the belt entry is isolated from other entries. All other terms and requirements of section 242(c) shall remain in effect. This approval applies to all areas developed after May 20, 1998. Continued authorization for operation under the approval is contingent upon compliance with the measures described in Penn Run's 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 Dam Safety and Encroachment 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, 400 Market Street, Floor 2, 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 the 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 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.)
Permits Issued and Actions on 401 Certification
Southeast Regional Office: Program Manager, Water Management Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E15-566. Encroachment Permit, William E. Freas, 211 Carter Drive, West Chester, PA 19382. To perform the following activities associated with the William E. Freas Golf Development (Construction & Design, Inc.):
1. To construct and maintain a footbridge across Goose Creek (WWF) consisting of a single span of approximately 50 feet and average underclearance of approximately 8.0 feet near the easterly property boundary;
2. To construct and maintain a vehicular bridge across Goose Creek consisting of a prefabricated concrete arch situated just north of the Hagerty Boulevard Cul-de-Sac. This bridge has a span of approximately 32 feet and maximum underclearance of approximately 15 feet;
3. To construct and maintain a footbridge across Goose Run consisting of a twin span, measuring 50 feet and 30 feet, respectively. The maximum underclearance of this structure will be approximately 9.0 feet. This bridge occurs just upstream from the Goose Creek confluence with Bypass Run.
This permit also includes after-the-fact authorization for the following activities:
4. To maintain fill within approximately 0.17 acre of wetland (PEM) adjacent to Bypass Run;
5. To maintain fill along the 100-year floodway of Goose Creek;
6. To operate and maintain approximately 250 linear feet of a relocated section of Bypass Run and approximately 170 linear feet of a relocated section of Goose Creek;
7. To operate and maintain a temporary stream crossing near the location of the aforementioned vehicular bridge.
The site is located southeast of the intersection of the Southeast Pennsylvania Transportation Authority (SEPTA) Railroad and the West Chester By-Pass (S. R. 0202) just north of the Hagerty Boulevard Cul-de-Sac (West Chester USGS Quadrangle N: 13.25 inches; W: 11.25 inches) in West Goshen Township, Chester County. The permittee has made a contribution to the wetland replacement fund to compensate for the 0.17 acre of wetland impact.
This permit was issued under § 105.13(e) ''small projects.''
This permit also includes 401 Water Quality Certification.
Northeast Regional Office: Soils and Waterways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
Permit No. E40-517. Encroachment. City of Wilkes-Barre, 40 East Market Street, Wilkes-Barre, PA 18711. To remove the existing structure and to construct and maintain a prestressed concrete box beam bridge, having a span of 21.3 feet (6.5 meters) and an underclearance of 7.2 feet (2.2 meters), across Coal Brook. The project is located on Scott Street, approximately 300 feet west of the intersection of Scott Street and Business Route 309 (Wilkes-Barre East, PA Quadrangle N: 22.4 inches; W: 14.7 inches), in the City of Wilkes-Barre, Luzerne County.
Permit No. E64-199. Encroachment. Gordon and Nan Worum, 885 Bohnet Drive, Fairbanks, AK 99712. To modify and maintain an existing single-span bridge across the West Branch Lackawaxen River, with work consisting of replacing the bridge deck using steel I-beams with a wooden deck. The bridge has a span of approximately 30 feet and an underclearance of approximately 5 feet, and is located on the northeastern side of S. R. 0170, approximately 0.85 mile southeast of the intersection of S. R. 0170 and S. R. 4025 (Forest City, PA Quadrangle N: 15.3 inches; W: 4.0 inches), in Mount Pleasant Township, Wayne County.
Permit No. E40-518. Encroachment. E. Donald Challis, R. R. 1, Box 290, Harveys Lake, PA 18618. To modify and maintain an existing pile-supported dock in Harveys Lake, with work consisting of enlarging the dock area to add a boat slip and boathouse. As modified, the structure extends approximately 46 feet from the shoreline, and has an overall width of 52 feet and areal coverage of approximately 2,180 square feet. The project is located at Pole No. 60, Lakeside Drive (Harveys Lake, PA Quadrangle N: 22.0 inches; W: 5.5 inches), in Harveys Lake Borough, Luzerne County.
Permit No. E40-519. Encroachment. Pete Bayo, R. R. 1, Box 122, Harveys Lake, PA 18618. To modify and maintain an existing pile-supported dock in Harveys Lake, with work consisting of enlarging the dock area from approximately 400 square feet to 1,260 square feet. As modified, the dock extends 50 feet from the shoreline and has an overall width of 42 feet. The project is located at Pole No. 157-B, Lakeside Drive (Harveys Lake, PA Quadrangle N: 22.3 inches; W: 6.5 inches), in Harveys Lake Borough, Luzerne County.
Permit No. E40-520. Encroachment. Jack Smulovitz, 69 Wyoming Street, Wilkes-Barre, PA 18702. To modify and maintain an existing pile-supported dock/boathouse in Harveys Lake, with work including repairs to the existing structure and enlargement of the dock area. As modified, the structure extends approximately 47 feet from the shoreline and has an overall width of 32 feet and areal coverage of 1,240 square feet. The project is located at Pole No. 51, Lakeside Drive (Harveys Lake, PA Quadrangle N: 21.0 inches; W: 5.4 inches), in Harveys Lake Borough, Luzerne County.
Southcentral Regional Office: Section Chief, Water Management Program, Soils and Waterways Section, 909 Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 705-4707.
E01-204. Encroachment. Gettysburg Municipal Authority, 601 E. Middle St., Gettysburg, PA 17325. To construct and maintain an 8-inch fire service waterline through Willoughby Run (CH93-WWF) at the National Park Service Eisenhower National Historic Site located east of Eisenhower Farm No. 4 (Fairfield, PA Quadrangle N: 7.4 inches; W: 3.3 inches) in Cumberland Township, Adams County. The construction of this line will result in 1,050 square feet of temporary impact to an adjacent wetland. This permit also includes 401 Water Quality Certification.
E07-310. Encroachment. Northern Blair County Regional Sewer Authority, R. R. 4, Box 236A, Tyrone, PA 16686. To construct and maintain about 10.8 miles of sanitary sewer collection system partially located in the floodway/floodplain of (South) Bald Eagle Creek (TSF) and crossing 10 separate stream channels and about 1.5 acres of 14 associated wetland areas in the (South) Bald Eagle Creek watershed for the purpose of mitigating the pollution problems associated with malfunction private in-ground septic systems in the Vail/Bald Eagle area (Tyrone, PA Quadrangle N: 13.7 inches; W: 13.0 inches) in Snyder Township, Blair County. This permit also includes 401 Water Quality Certification.
E36-671. Encroachment. Rapho Township, 971 N. Colebrook Rd., Manheim, PA 17545. To remove three existing structures and construct and maintain a precast reinforced concrete box culvert at three locations on Hernley Road (T-855) across Rife Run (WWF) and two tributaries to Rife Run. Box culvert No. 1 is a 12-foot span with a 5.5-foot rise waterway opening in a tributary channel located near the intersection of Hernley Road with Old Line Road (SR 4026). Realignment of approximately 40 linear feet upstream and 60 linear feet downstream channel at Culvert No. 1 is authorized by this permit. Box culvert No. 2 will have a 12-foot span × 6-foot rise waterway opening in Rife Run tributary. Box culvert No. 3 will have a 17-foot span with a 4-foot rise waterway opening in Rife Run. The realignment of approximately 20 linear feet upstream and 50 linear feet downstream channel at Culvert No. 3 is made a part of this permit. The proposed roadway improvements on Hernley Road are located (Manheim, PA Quadrangle N: 8.5 inches; W: 5.0 inches) in Rapho Township, Lancaster County. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E44-096. Encroachment. Mifflin County Commissioners, 20 North Wayne St., Lewistown, PA 17044. To remove an existing bridge and to construct and maintain a single span prestressed spread box beam bridge having a clear span of 103.35 feet and an underclearance of about 9.0 feet across Jacks Creek (CWF) located on Township Road T-385, SR 96111, Section 000, about 0.23 mile east of its intersection with Township Road T-705 (Alfarata, PA Quadrangle N: 11.3 inches; W: 4.2 inches) in Decatur Township, Mifflin County. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
Northcentral Region: Water Management--Soils and Waterways, F. Alan Sever, Chief, 208 West Third St., Williamsport, PA 17701.
E12-112. Encroachment. Timothy Vermillion, 9903 Tomahawk Trail, Wexford, PA 15090. To remodel and maintain an existing hunting cabin and to construct and maintain a shed, 9 feet by 9 feet, in the floodway of First Fork of Sinnemahoning Creek located off Route 872 approximately 3 miles north of Route 120 (Sinnemahoning, PA Quadrangle N: 20.7 inches; W: 7.7 inches) in Grove Township, Cameron County. This permit was issued under § 105.13(e) ''Small Projects.''
E14-335. Encroachment. College Township Water Authority, 1481 East College Avenue, State College, PA 16801. To construct, operate and maintain a potable water facility and a flood protection berm in the 100-year floodplain of Spring Creek for the development of a public drinking water supply. The construction of the well facility shall consist of installing a submersible well pump, motor, wellhead and pump station. The flood protection berm shall be constructed with a maximum length of 350-feet, side slopes of 4-feet horizontal to 1-feet vertical and a maximum height of 3-feet. The project is located along the northern right-of-way of SR 0322 approximately 5-miles north of the intersection of Pudding Town Road and SR 0026 (State College, PA Quadrangle N: 12.7 inches; W: 11.4 inches) in College Township, Centre County. This permit was issued under § 105.13(e) ''Small Projects.''
E18-264. Encroachment. Schrack Farms Partnership, R. R. 2, Box 68, Loganton, PA 17747. To realign the channel of Fishing Creek for the mitigation of flood damage. The realignment shall consist of removing 1771 cubic yards of deposition, debris and woody vegetation through an 820-feet reach of Fishing Creek channel. The project is located along the eastern right-of-way of S. R. 0880 approximately 2,000-feet east of the intersection of T-346 and S. R. 0880 (Mill Hall, PA Quadrangle N: 0.6 inch; W: 1.9 inches) in Logan Township, Clinton County. This permit also authorizes the construction, operation and maintenance of an agricultural crossing of Fishing Creek which shall be done in accordance with the Department's BDWM-GP-6. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E19-188. Encroachment. Victor Nestico, 430 Maple Street, Kulpmont, PA 17834. To maintain a 4-foot diameter culvert pipe approximately 40 feet in length in an unnamed tributary to South Branch Roaring Creek at the intersection of T-302 and T-309 (Shamokin, PA Quadrangle N: 15.8 inches; W: 0.6 inch) in Cleveland Township, Columbia County. The project will not impact on wetlands while impacting approximately 50 feet of waterway. The unnamed tributary to South Branch Roaring Creek is a High Quality Cold Water Fisheries Stream.
Southwest Regional Office: Soils and Waterways Section, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1268. Encroachment. Owl Cleaners, Inc., 10562 Perry Highway, Wexford, PA 15090. To place and maintain fill along the right side of a tributary to Brush Creek (WWF) (known as Tributary No. 2) for a distance of approximately 40 feet for the purpose of expanding an existing parking lot for a commercial building. The site is located along the west side of Northgate Drive approximately 100 feet north of its intersection with Shenot Road (Mars, PA Quadrangle N: 4.8 inches; W: 11.1 inches) in Marshall Township, Allegheny County. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E04-264. Encroachment. Bet-Tech International, 1150 Brodhead Road, Monaca, PA 15001. To perform maintenance dredging and to operate and maintain a barge docking facility along the left bank side of the Ohio River (WWF) near River Mile 22.6 (Beaver, PA Quadrangle N: 8.5 inches; W: 1.2 inches) in Center Township, Beaver County. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E56-289. Encroachment. Pennsylvania Department of Transportation, Engineering District 9-0, 1620 North Juniata Street, Hollidaysburg, PA 16648. To remove the existing structure and to construct and maintain a bridge having a span of 18.00 meters and an underclearance of 4.56 meters across Laurel Hill Creek (HQ-CWF) located on S. R. 0031, Section 005, Segment 90, Offset 169M; to construct and maintain a temporary roadway crossing consisting of four 1800-mm diameter pipes, and to place and maintain rock protection along each abutment. Also, to permanently place and maintain fill in 0.0391 hectar of PSSI/PEM wetlands for the purpose of improving highway safety by widening the bridge and to temporarily place and maintain fill in 0.163 hector of PSSI wetlands for the purpose of constructing the temporary road crossing (Bakerville, PA Quadrangle N: 6.0 inches; W: 12.2 inches) in Jefferson Township, Somerset County. To compensate for the wetland impacts, the applicant will construct 0.0743 hectar of replacement wetlands on an adjoining area.
E56-290. Encroachment. Precision Pallets and Lumber, 7044 National Road, P. O. Box 51, Addison, PA 15411. To construct and maintain a pond having a length of 250.0 feet, a width of 200.0 feet and a depth of 8.0 feet in and along Chub Run (WWF) located south of the intersection of Route 40 and the Addison-Friendsville Road (Accident, PA Quadrangle N: 21.0 inches; W: 11.1 inches) in Addison Township, Somerset County. This permit was issued under § 105.13(e) ''small projects.'' This permit also includes 401 Water Quality Certification.
E65-721. Encroachment. Westmoreland County Industrial Development Corporation, 601 Courthouse Square, 2 North Main Street, Greensburg, PA 15601. To place and maintain fill in 0.56 acre of PEM wetlands and to construct 0.90 acre of PEM replacement wetlands as part of the development of the I-70 Industrial Park. The project is located off of Township Route 378 north of its intersection with S. R. 3031 (Smithton, PA Quadrangle N: 9.3 inches; W: 17.0 inches) in South Huntingdon Township, Westmoreland County.
E65-722. Encroachment. Pennsylvania Department of Transportation, Engineering District 12-0, Box 459, Uniontown, PA 15401. To remove the existing structure and to construct and maintain a 10.7 meters long Pre-cast box culvert having a clear span of 4.27 meters and an underclearance of 1.45 meters (invert Depressed 0.3 meter) in an unnamed tributary to McGee Run (WWF). The project is located on S. R. 217, Section 01R (West 4th Avenue) at the intersection of West Mentor Street and West 4th Avenue (Derry, PA Quadrangle N: 14.30 inches; W: 7.00 inches) in Derry Borough, Westmoreland County. This permit was issued under § 105.13(e) ''small projects.'' This permit also includes 401 Water Quality Certification.
Northwest Regional Office: Soils and Waterways Section, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6942.
E20-469. Encroachment. Bloomfield Township, 22978 Shreve Ridge Road, Union City, PA 16438. To remove the existing Township Bridge No. 5 on Lakeview Drive across East Shreve Run and to construct and maintain twin 13-foot wide by 7-foot high concrete box culverts or a 28-foot wide by 7.5-foot high Con Span concrete arch and to install and maintain approximately 70 feet of rock riprap and gabion basket streambank stabilization along the right bank approximately 160 feet upstream of the bridge (Lake Canadohta, PA Quadrangle N: 12.1 inches; W: 11.2 inches) located in Bloomfield Township, Crawford County.
E20-472. Encroachment. PA Department of Transportation, District 1-0, 1140 Liberty Street, Franklin, PA 16323. To place concrete streambed paving 1.0-foot below the existing streambed elevation and maintain the reinforced concrete slab bridge having a span of 8 feet and an underclearance of 8 feet across Williams Run on S. R. 0019, Segment 0090, Offset 0367 approximately 0.25 mile south of S. R. 285 (Geneva, PA Quadrangle N: 6.5 inches; W: 8.25 inches) located in Greenwood Township, Crawford County.
E20-473. Encroachment. PA Department of Transportation, District 1-0, 1140 Liberty Street, Franklin, PA 16323. To place streambed paving 1.0 foot below the existing streambed elevation and maintain the reinforced concrete slab bridge having a span of 10 feet and an underclearance of 5 feet across a Tributary to French Creek (Coulter Run) on S. R. 1006, Segment 0010, Offset 1706 approximately 0.65 mile east of I-79 (Edinboro South, PA Quadrangle N: 11.3 inches; W: 4.9 inches) in Cussewago Township, Crawford County.
E20-474. Encroachment. PA Department of Transportation, District 1-0, 1140 Liberty Street, Franklin, PA 16323. To place concrete streambed paving 1.0 foot below the existing streambed elevation and maintain the reinforced concrete slab bridge having a span of 10 feet and an underclearance of 6.5 feet across a tributary to Little Sugar Creek (Brown Run) on S. R. 2014, Segment 0100, Offset 0000 (Sugar Lake Road) approximately 2.4 miles of Pettis Corners (Cochranton, PA Quadrangle N: 12.25 inches; W: 0.85 inch) located in Wayne Township, Crawford County.
WATER ALLOCATIONS
Actions taken on applications filed under the act of June 24, 1939 (P. L. 842, No. 365) (32 P. S. §§ 631 -- 641) relating to the acquisition of rights to divert waters of this Commonwealth.
Southcentral Regional Office: Water Supply Management Program, Sanitarian Regional Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4708.
Permit No. 67-1010. Water allocations, New Freedom Borough, York County, Responsible Official: Scott A. DePoe, 49 E. High St., New Freedom, PA 17349. Request: The right to purchase 200,000 gallons per day (gpd), based on a 30-day average, but not to exceed 6 million gallons per month, from the York Water Company (Company), located in York County. Permit Issued: June 8, 1999.
[Pa.B. Doc. No. 99-1018. Filed for public inspection June 25, 1999, 9:00 a.m.]
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