Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 01-81c

[31 Pa.B. 439]

[Continued from previous Web Page]

MINING

APPROVALS TO CONDUCT COAL AND NONCOAL ACTIVITIES

MINING ACTIVITY ACTIONS


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 such 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 Issued:

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

   54900102R2. Meadowbrook Coal Co., Inc. (Box 477, Lykens, PA 17048), renewal of an anthracite surface mine operation in Frailey Township, Schuylkill County affecting 56.1 acres, receiving stream--Good Spring Creek. Renewal issued January 3, 2001.

   54880203T2. Meadowbrook Coal Co., Inc. (Box 477, Lykens, PA 17048), transfer of an existing coal refuse reprocessing operation in Tremont Township, Schuylkill County affecting 151.8 acres, receiving stream--Rowe Tunnel to Lorberry Creek. Transfer issued January 3, 2001.

   19950101R. Blaschak Coal Corp. (P. O. Box 12, Mahanoy City, PA 17948), renewal of an existing anthracite surface mine and coal refuse disposal operation in Conyngham Township and Centralia Borough, Columbia County affecting 846.0 acres, receiving stream--none. Renewal issued January 4, 2001.

   54900103R3. EOJ, Inc. (R. R. 3, Box 340, New Ringgold, PA 17960-9453), renewal of an existing anthracite surface mine operation in East Norwegian Township, Schuylkill County affecting 192.6 acres, receiving stream--none. Renewal issued January 4, 2001.

   McMurray District Mining Office:  3913 Washington Road, McMurray, PA 15317.

   56971301. GM & S Coal Corp. (P. O. Box 233, Jennerstown, PA 15547), to revise the permit for the Geronimo Mine in Jenner Township, Somerset County to add 567.6 acres to SCP and 538.5 acres to underground mine permit, no additional discharges. Permit issued January 2, 2001.

FEDERAL WATER POLLUTION CONTROL ACT

SECTION 401

   The Department of Environmental Protection 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 of Environmental Protection 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. §§ 1311--1313, 1316 and 1317, and that the construction will not violate applicable Federal and State Water Quality Standards.

   Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P. S. § 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, 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 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 P. S. §§ 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

   Northeast Region:  Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511

   E40-543. Andrew Kopczynski, 51 Sterling Avenue, Dallas, PA 18612. Amber Woods Subdivision Wetland Fill, in Jackson Township, Luzerne County, ACOE Baltimore District (Kingston, Quadrangle N:  10.0 inches; W:  16.2 inches). To place fill in approximately 0.26 acre of wetlands for the purpose of constructing an access road to serve the proposed Amber Woods 18-lot residential subdivision. The project is located on the southeast side Township Road T812 (Jackson Road), approximately 0.2 mile west of the intersection of T812 and T795. The permittee is required to provide 0.26 acre of replacement wetlands.

   E45-399. Milta Zeno, 711 Amsterdam Avenue, #8B, New York, NY 10025. Zeno Residential Wetland Fill, in Coolbaugh Township, Monroe County, ACOE Philadelphia District (Tobyhanna, Quadrangle N:  1.9 inches; W:  2.9 inches). To place fill in a de minimis area of wetlands equal to 0.04 acre for the purpose of constructing a single family dwelling and driveway on Lot 2336 of Section H-II of Stillwater Lake Estates. The project also includes the installation of a 2-inch diameter PVC sanitary sewer line under the driveway and a private recreational floating boat dock having a surface area of approximately 134 S. F. in Sunset Lake. The site is located along Nadine Boulevard on the north side of the Sunset Lake, approximately 0.3 mile east of S. R. 0380.

   Southwest Region:  Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000

   E65-756. William Rusiewicz, 3124 Leechburg Road, New Kensington, PA 15068-2709. To place and maintain fill in approximately 0.12 acre of wetland (PEM/PSS) and to relocate approximately 130 linear feet of an intermittent, unnamed watercourse within the Little Pucketa Creek Basin (TSF) for the purpose of expanding a parking lot. The site is located approximately 420 feet southwest of the intersection between Leechburg Road and Alder Street (New Kensington East, PA Quadrangle N:  15.6 inches; W:  12.5 inches), within the City of Lower Burrell, Westmoreland County. The permit applicant has met the wetland replacement requirement by participating in the Pennsylvania Wetland Replacement Project.

   Northwest Region:  Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6945

   E10-315. Western Butler County Authority, 607 Market Street, P. O. Box 427, Zelienople, PA 16063. ACOE Pittsburgh District. To remove the existing Herman Pump Station and to construct and maintain a new pump station wet well, generator enclosure and other site improvements within the 100-year flood plain of Connoquenessing Creek approximately 75 feet downstream (south) of S. R. 288 along the east bank (Zelienople, PA Quadrangle N:  7.9 inches; W:  3.4 inches) in Zelienople Borough, Butler County.

   E10-317. Christopher J. Kaclik, 191 Crowe Avenue, Mars, PA 16046. ACOE Pittsburgh District. To excavate and maintain an area measuring approximately 400 feet long by an average of 100 feet wide within the channel of a tributary to Glade Run for the construction of the impoundment area associated with a non-jurisdictional dam west of Forsythe Road approximately 500 feet north of Windmere Drive (Valencia, PA Quadrangle N:  17.3 inches; W:  9.5 inches) in Middlesex Township, Butler County.

   E10-318. Butler County, P. O. Box 1208, Butler, PA 16003-1208. ACOE Pittsburgh District. To remove the existing Buhl Bridge superstructure, modify the existing abutments and to construct and maintain a weathering steel beam bridge having a clear, normal span of approximately 135 feet and an underclearance of 21 feet across Connoquenessing Creek on T-415 approximately 1 mile north of S. R. 68 (Evans City, PA Quadrangle N:  8.9 inches; W:  3.6 inches) in Forward Township, Butler County.

   E10-319 Bosetti Properties, Inc. 2880-B Hammondville Road, Pompano Beach, FL 33069. ACOE Pittsburgh District. To place fill on Lot No. 12 of the existing Cranberry Industrial Park Plan No. 2 along a reach of approximately 750 feet along the left (east) and within the regulated floodway of a tributary to Brush Creek and a total of 0.24 acre of adjoining wetland for construction of a parking area for vehicles serviced by the existing Penn-Detroit Diesel-Allison facility located on Lot No. 13 south of Progress Avenue approximately 800 feet west of S. R. 19 (Mars, PA Quadrangle N:  15.6 inches; W:  15.1 inches) in Cranberry Township, Butler County. This project includes contribution to the Pennsylvania Wetland Replacement Fund for replacement of 0.24 acre of impacted wetlands.

   E20-490. PA Department of Transportation, District 1-0, 255 Elm Street, Oil City, PA 16301. ACOE Pittsburgh District. To remove the existing bridge and to install and maintain a precast reinforced concrete box culvert having a 19-foot wide by 7-foot high waterway opening in a tributary to Shirley Run (Morse Run) on S. R. 1032, Segment 0080, Offset 0000 approximately 0.5 mile east of S. R. 89 (Titusville North, PA Quadrangle N:  18.5 inches; W:  4.5 inches) in Rome Township, Crawford County.

   E24-212. Borough of Johnsonburg, P. O. Box F, Johnsonburg, PA 15845. ACOE District Pittsburgh. To maintain the existing Johnsonburg Flood Protection Project constructed by the US Army Corps of Engineers in and along a total reach of approximately 3200 feet of West Branch Clarion River extending upstream from its confluence with East Branch Clarion River and approximately 1632 feet of Silver Creek extending upstream from its confluence with West Branch Clarion River in the Borough of Johnsonburg, Elk County. Extent of activities includes maintenance of all structures as well as periodic removal of accumulated sediments and debris necessary to maintain the capacity of the channel as constructed and shown in the ''As-built'' drawings provided by the US Army Corps of Engineers dated June 1, 1956 and January 25, 1957.

   E25-610. Engelhard Corporation, 1729 East Avenue, Erie, PA 16503. ACOE Pittsburgh District. To install and maintain a chain link fence and supporting poles across approximately 200 feet of a wetland area (PEM/PSS) to provide security fencing around the existing Engelhard Corporation industrial facility on East Avenue approximately 0.5 mile south of S. R. 5 (12th Street) (Erie North, PA Quadrangle N:  1.2 inches; W:  6.5 inches) in the City of Erie, Erie County.

   E42-271. Ceres Township, R. D. 1, Box 870, Shinglehouse, PA 16748. ACOE Pittsburgh District. To remove the existing bridge and to install and maintain a concrete or metal box culvert having an 18.5-foot wide by 6-foot high waterway opening in Barden Brook on Whitetail Road (T-394) approximately 300 feet south of Barden Brook Road (T-403) (Bullis Mills, PA Quadrangle N:  15.6 inches; W:  12.35 inches) in Ceres Township, McKean County.

   E43-286. PA Department of Transportation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301. ACOE Pittsburgh District. To fill a total of 0.38 acre of seven wetland areas (0.25 acre PEM, 0.01 acre PEM/PFO, 0.02 acre PSS/PFO and 0.10 acre PEM/PSS/PFO) and to extend the existing 5-foot diameter reinforced concrete pipe culvert by 36.6 feet upstream and 35 feet downstream and to maintain the resulting 132-foot long stream enclosure in Pine Hollow Run approximately 1,600 feet north of S. R. 62 (Sharon East, PA Quadrangle N:  20.5 inches; W:  10.3 inches) associated with widening of S. R. 18, Section A01 beginning at the intersection with S. R. 62 Bypass (Sharon East, PA Quadrangle N:  19.0 inches; W:  10.3 inches) and extending north approximately 2.4 miles (Sharpsville, PA Quadrangle N:  2.9 inches; W:  9.6 inches) in the City of Hermitage, Mercer County. This project also includes the modification of four existing culverts on watercourses (tributaries to Pine Hollow Run) having contributory drainage areas less than 100 acres. This project includes a monetary contribution to the Pennsylvania Wetland Replacement Project for replacement of 0.38 acre of wetland impacts.

   E43-287. Mercer County Commissioners, 503 Mercer County Courthouse, Mercer, PA 16137. ACOE Pittsburgh District. To remove the existing superstructure, reconstruct the top portion of the abutments and to construct and maintain a prestressed concrete adjacent box beam bridge having a clear, normal span of 29.88 feet and an underclearance of 8 feet across Butchery Creek on T-647 (Triple Link Road) approximately 1,000 feet northeast of S. R. 2021 (Hendersonville Road) (Sandy Lake, PA Quadrangle N:  16.2 inches; W:  9.5 inches) in Sandy Lake Township, Mercer County.

   E43-288. Encroachment. Mercer County Commissioners, 503 Mercer County Courthouse, Mercer, PA 16137. ACOE Pittsburgh District. To replace the existing steel beam superstructure and maintain County Bridge No. 2310 having a clear, normal span of 20 feet and an underclearance of 5 feet across Golden Run on T-446 (Robertson Road) approximately 0.5 mile north of S. R. 3020 (Lamor Road) (Sharpsville, PA Quadrangle N:  2.1 inches; W:  6.5 inches) in the City of Hermitage, Mercer County.

   E43-290. PA Department of Conservation and Natural Resources, Park Region No. 2, P. O. Box 387, Prospect, PA 16052-0387. ACOE Pittsburgh District. To construct and maintain a public swimming beach by excavating an area of shoreline measuring approximately 450 feet long by 75 feet wide and permanently occupying approximately 0.6 acre below normal pool elevation along the northern shore of Lake Wilhelm (Sandy Creek-WWF) in Maurice K. Goddard State Park south of Georgetown Road approximately 2.5 mile east of Lake Wilhelm Road (New Lebanon, PA Quadrangle N:  5.7 inches; W:  15.6 inches) in New Vernon Township, Mercer County.

   E61-234. Pennsylvania Electric Company d/b/a GPU Energy, 2800 Pottsville Pike, P. O. Box 16001, Reading, PA 19640-0001. ACOE Pittsburgh District. To install a fiber optic cable and to operate and maintain the existing aerial fiber optic and electric distribution lines across French Creek approximately 1,300 feet downstream of the S. R. 322 bridge (Franklin, PA Quadrangle N:  4.4 inches; W:  10.3 inches) in Franklin City, Venango County.

   E62-370. David R. Weston, 3404 Charlotte Lane, Erie, PA 16508-2226. ACOE Pittsburgh District. To operate and maintain a steel beam foot bridge having a length of 54 feet providing a clear span of approximately 33 feet and a maximum underclearance of 5.5 feet across Irvine Run for private access to property wets of Irvine Run Road approximately 2.25 miles north of S. R. 6 (Youngsville, PA Quadrangle N:  22.1 inches; W:  3.2 inches) in Brokenstraw Township, Warren County.

ENVIRONMENTAL ASSESSMENTS

   Southwest Region:  Program Manager, Water Management Program, 400 Waterfront Drive, Pittsburgh, PA 15222, (412) 442-4000.

   Environmental Assessment No. EA32-003SW. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, RCSOB, P. O. Box 847, Harrisburg, PA 17105-8476. To place and maintain fill in two wetland areas (total acreage equal to approximately 0.12 acre), in association with the construction of a passive wetland treatment facility, to treat an acid mine discharge from the Stanford Mining--Penn Hills #2 deep mine, which is located near the confluence of Penn Run with Two Lick Creek (Clymer, PA Quadrangle:  N:  1.6 inches; W:  5.57 inches) in Cherryhill Township, Indiana County. The project sponsor proposes to construct approximately 0.14 acre of replacement wetland.

WATER ALLOCATIONS


Actions taken on applications received under the Act of June 24, 1939 (P. L. 842, No. 365) (35 P. S. §§ 631--641) relating to the acquisition of rights to divert waters of this Commonwealth.

   Southwest Region, Regional Manager, Water Supply Management, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000.

   Permit issued on December 22, 2000.

   WA2-628E. Water Allocation. Moon Township Municipal Authority, Allegheny County, Pennsylvania. The right to withdraw the following:  eight (8) million gallons per day, as a daily peak, from the Ohio River and the alluvial aquifers along the Ohio River, subject to the restrictions specified. The right to purchase the following:  one (1) million gallons per day, when available, on an emergency basis only, as a thirty day average, from the Municipal Authority of the Township of Robinson; one (1) million gallons per day, when available, on an emergency basis only, as a thirty day average, from the Western Allegheny County Municipal Authority, and one (1) million gallons per day, when available, on an emergency basis only, as a thirty day average, from the Findlay Township Municipal Authority.


STORAGE TANKS

SITE-SPECIFIC INSTALLATION PERMITS


The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 504, 1101 and 1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Watershed Conservation, P. O. Box 8555, Harrisburg, PA 17105-8555, (717) 787-5267.

SSIPApplicant Name
Permit No.& AddressCountyMunicipalityTank TypeTank Capacity
00-63-001Ms. Michelle F. Duncan
Orion Power MidWest L.P.
2000 Cliff Mine Road
Suite 2000
Pittsburgh, PA 15275-1008
Washington
County
Union Twp.1 AST Storing
Aqueous
Ammonia
30,000
gallons


SPECIAL NOTICES

UNDERGROUND STORAGE TANK HEATING OIL CLEANUP PROGRAM

REAUTHORIZED

Under the Act of December 20, 2000


Announcement of reauthorization of the reimbursement program under section 710(b.2) of the Storage Tank and Spill Prevention Act.

   The Department of Environmental Protection announces the reauthorization of a reimbursement program for tank owners who have underground storage tanks with a capacity of 3,000 gallons or less used for storing heating oil for consumption on the premises where stored, to assist with costs of taking correction action in response to a release. The release must have occurred on or after January 30, 1998. The program had expired on January 30, 2000. The reauthorization is retroactive to the date of expiration, thereby providing for continuity since program inception.

   Typical eligible corrective action costs include excavating, emptying, cleaning, removing, transporting and disposing of a leaking storage tank; excavating contaminated soil; transporting and disposing of wastes; and restoring disturbed or contaminated areas by backfilling, grading and revegetating. Costs associated with the removal of non-leaking storage tanks and releases from storage tanks located in underground areas such as basement or cellars are not eligible for reimbursement.

   The reimbursement is limited to the actual costs of correction action or $4,000, whichever is less. However, a $1,000 deductible must be paid first by the tank owner. The reimbursement and deductible apply on a per tank basis. All reimbursements are funded through the Underground Storage Tank Indemnification Fund and up to $500,000 per year may be available. The program expires on June 30, 2005.

   For more information or to obtain a copy of the application, contact the Storage Tanks and Hazardous Sites Corrective Action Section in Harrisburg at (717) 783-7816, or contact the Environmental Cleanup Program in the local DEP regional office, email tankclnup@dep.state.pa.us or visit our website at http://www/dep.state.ps.us (type in directLINK ''Tank Cleanup'').

Notice of Certification to Perform Radon-Related Activities in Pennsylvania

   In the month of December 2000 the Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act, act of July 9, 1987, P. L. 238, No. 43 (63 P. S. Sections 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 two 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).

NAMEADDRESSTYPE OF CERTIFICATION
Robert Feather
Radon Testing Services, Inc.
P. O. Box 2
Langhorne, PA 19047
Testing
Margie Gordon125 Nevins Way
Coatesville, PA 19320
Testing
Laboratory
Robert Hewlett8620 Rochester Road
Pittsburgh, PA 15237
Testing
Mitigation
Terry Howell
Radalink, Inc.
5599 Peachtree Road
Atlanta, GA 30341
Laboratory
Steven Johnson
Homechek, Inc.
1529 Rodney Road
York, PA 17404
Testing
Fred Kaissi1440 Bethlehem Pike
North Wales, PA 19454
Testing
Randy Knesnik413 Long Meadow Road
Milford, PA 18337
Mitigation
David Lieberman
Keystone Inspection Services, Inc.
P. O. Box 88
Huntingdon Valley, PA 19006
Testing
John MarryottP. O. Box 145
Washington Crossing, PA 18977
Testing
Karl May, Jr.R. R. 2, Box 371A
Wellsboro, PA 16901
Testing
Bruce MitchamR. D. 1, Box 487A
Seneca, PA 16346
Testing
Thomas Poole
Testing Services, Inc.
1844 Swatara Street
Harrisburg, PA 17104
Testing
Mitigation
Edward Schluth242 Newtown Road
Warminster, PA 18974
Mitigation
John Staz, III1738 North 3rd Street
Harrisburg, PA 17102
Mitigation
[Pa.B. Doc. No. 01-81. Filed for public inspection January 19, 2001, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.