[31 Pa.B. 1157]
[Continued from previous Web Page]
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.A. §§ 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. § 751.4) 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 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 of 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 Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E15-652. Pennsylvania Department of Transportation, Engineering District 6-0, 7000 Geerdes Boulevard, King of Prussia, PA 19406-1525. East Nottingham Township, Chester County, ACOE Baltimore District.
To perform the following activities associated with the bridge replacement and roadway improvement for Hopewell Road (S.R. 4016, Section 63S) and its intersection with Rodney Corner Road (Kirkwood, PA Quadrangle N: 5.3 inches; W: 1.8 inches).
To remove an existing 20-foot single span bridge over the East Branch of Tweed Creek (TSF-MF), and to construct and maintain a 32-foot long, 12-foot wide by 7-foot high twin-cell pre-cast box culvert and associated wing walls. The culverts will be depressed 1.0 foot below the streambed. The eastern cell will carry the low flow and western cell will have a 2.5-foot weir at each end of the box culvert to carry the flood flow. Work also includes reconstruction of approximately 625 linear feet of Hopewell Road and its intersection with Rodney Corner Road and associated stormwater facilities. The amount of wetland impact is considered a deminimis impact of 0.005 acre and wetland mitigation is not required.
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E52-161. Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry, Delaware Forest District, HC 1, Box 95A, Swiftwater, PA 18370-9723, Milford Township, Pike County, ACOE Philadelphia District.
To construct and maintain two low-flow road crossings as follows: (1) a crossing of Craft Brook and adjacent wetlands, consisting of five 21-inch by 15-inch CMP arch culverts and rock fill, and (2) a crossing of a Tributary to Sawkill Creek and adjacent wetlands, consisting of two 21-inch by 15-inch CMP arch culverts and rock fill. The project includes the placement of fill in 0.13 acre of wetlands. The crossings are to be part of the Delaware State Forest trail system. The permittee is required to provide for 0.13 acre of replacement wetlands by participating in the Pennsylvania Wetland Replacement Project. The project is located along an existing natural gas pipeline right-of-way, within a tract of land known as the Milford Reservation. Crossing 1 is located approximately 3,000 feet north and upstream of Lily Pond (Milford, PA-NJ Quadrangle N: 22.4 inches; W: 14.3 inches), and Crossing 2 is located approximately 3,000 feet northeast of Lily Pond (Milford, PA-NJ Quadrangle N: 22.2 inches; W: 13.3 inches).
E39-367. County of Lehigh, 17 South Seventh Street, Allentown, PA 18101-2400. City of Allentown, Lehigh County, ACOE Philadelphia District.
To maintain the existing bridge, having three normal spans of approximately 58 feet, 61 feet and 62 feet, with an underclearance of approximately 22 feet, across Little Lehigh Creek. Work will consist of (1) the placement of R-6 riprap scour protection along one of the bridge piers and at a sanitary sewer manhole, (2) installation of two gabion deflectors along the left bank of Trout Creek, just upstream of the bridge, and (3) removal of debris and gravel at the confluence of Trout Creek and Little Lehigh Creek, extending downstream within the right side of the channel of Little Lehigh Creek for a distance of approximately 200 feet. The project is located along Basin Street (Allentown East, PA Quadrangle N: 18.6 inches; W: 11.6 inches).
E64-213. Pennsylvania Department of Transportation Engineering District 4-0, P. O. Box 111, Scranton, PA 18501, in Dreher Township, Wayne County and Greene Township, Pike County, ACOE Philadelphia District.
To remove the existing structure and to construct and maintain a prestressed concrete spread box beam bridge having a single span of 62.3 feet (19.00 meters) and underclearance of approximately 13.2 feet (4.03 meters) across Wallenpaupack Creek and to permanently place fill in a de minimis area of wetlands equal to 0.03 acre. The project also includes the construction of a temporary bridge, upstream of the existing structure, having a single span of 77.4 feet (23.59 meters) and underclearance of approximately 9.2 feet (2.80 meters) and the temporary placement of fill in 0.4 acre of wetlands for the purpose of maintaining a temporary roadway during construction of the new bridge. The project is located along S.R. 0507, Segment 0230, Offset 1187 (Newfoundland, PA Quadrangle N: 12.0 inches; W: 9.1 inches).
E54-269. Pennsylvania Department of Transportation, Engineering District 5-0, 1713-41 Lehigh Street, Allentown, PA 18103-4727, ACOE Philadelphia District.
To remove two 48-inch diameter R.C.P. culverts and five R.C.P. stormwater outfall structures and to construct and maintain the following in a tributary to the Little Schuylkill River: 1) a 90-inch x 60-inch concrete box culvert stream enclosure under S.R. 0061 having a length of approximately 228 feet and depressed 12 inches below the streambed; 2) a channel change having a length of approximately 222 feet for the purpose of redirecting said tributary into the S.R. 0061 box culvert; and 3) three R.C.P. stormwater outfall structures to convey runoff from S.R. 0061 directly to said tributary. The project is associated with the reconstruction of the S.R. 0061/S.R. 0895/T715 intersection to lessen the incident of accidents and address public safety concerns (Auburn, PA Quadrangle N: 20.0 inches; W: 4.4 inches).
E45-397. Redeeming Love, Christian Center, 145 West Route 59, Nanuet, NY 10954-2200, in Stroud Townhip, Monroe County, ACOE Philadelphia District.
To construct and maintain two 6-inch diameter water intake structures in two separate ponds situated on a tributary to Wigwam Run to be used as dry hydrants to provide fire protection at the Christian Center. The project is located north of the intersection of Cranberry Road and Wigwam Park Road (East Stroudsburg, PA Quadrangle N: 3.2 inches; W: 16.7 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E67-692. William Erwin, 19796 Grove Mill Road, Stewartstown, PA 17363 in Hopewell and East Hopewell Townships, York County, ACOE Baltimore District.
To construct and maintain a treated timber footbridge having a clear span of 18-foot with a 5-foot underclearance across an unnamed tributary to the South Branch of Muddy Creek (HQ-CWF). The bridge will provide walking access to private property located near Grove Mill (Stewartstown, PA Quadrangle N: 2.9 inches; W: 3.0 inches).
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E17-352. Pennsylvania Department of Transportation, Engineering District 2-0, 1924-30 Daisy Street, Clearfield, PA 16830. Bridge SR 001, Sect. A03, in Lawrence Township, Clearfield County, ACOE Baltimore District (Clearfield, PA Quadrangle N: 0.6 inches; W: 5.1 inches).
To remove an existing structure and construct, operate and maintain a single span adjacent box beam bridge to carry SR 1001, Section A03 across Montgomery Creek for the improvement of public highway safety. The single span bridge shall be constructed with a center-to-center bearing span of 39.4-feet, underclearance of 6.2-feet, and skew of 90-degrees. The project is located along the southern right-of-way of SR 0879 approximately 2,200-feet north of SR 1001 and SR 0879 intersection in Lawrence Township, Clearfield County. This permit also authorizes the construction, operation, maintenance and removal of temporary stream diversions and a minor road crossing. Upon removal of all temporary structures, Montgomery Creek shall be shall be restored to natural geometry, profile and pattern.
E18-307. PA DCNR, Bureau of Facility Design, P. O. Box 8451, Harrisburg, PA 17105-8451. Robbins Road over Shintown Run, in Noyes Township, Clinton County, ACOE Baltimore District (Renovo West, PA Quadrangle N: 17.6 inches; W: 11.3 inches).
To remove an existing structurally deficient bridge and to construct and maintain a reinforced concrete box culvert with a clear span of 15.50 feet and an underclearance of 5.50 feet with the associated concrete wingwalls, R-6 riprap choked with R-4 stone or equivalent sized native stone aprons and fish baffles in Shintown Run all of which are located 2 miles southeast on Robbins Road from its intersection with Basin Road. This project proposes to impact 66 feet of Shintown Run, which is classified as High Quality--Cold Water Fishery. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E49-240. Lisa and Penn Seiple, 920 East Drive, Sunbury, PA 17801. Floodway fill, in Upper Augusta Township, Northumberland County, ACOE Baltimore District (Northumberland, PA Quadrangle N: 2.75 inches; W: 4.00 inches).
To construct and maintain a private drive and parking area composed of fill to a depth of 5 feet in the floodway of the North Branch Susquehanna River on the east side of the Sunbury Airport Landing Strip on Packers Island in Upper Augusta Township, Northumberland County. This permit was issued under Section 105.13(e) ''Small Projects.''
E53-351. Pennsylvania Department of Conservation and Natural Resources, Bureau of Facility Design and Construction, P. O. Box 8451, Harrisburg, PA 17105-8451. Forestry Bridge No. 15-0019, in Stewardson Township, Potter County, ACOE Baltimore District (Young Womans Creek, PA Quadrangle N: 19.5; W: 7.8).
To remove existing Forestry Bridge No. 15-0019 and construct, operate and maintain a single span Bebo pre-cast concrete arch bridge to carry Twelve Mile Road across Left Branch Young Womans Creek (High Quality-Cold Water Fishery). The single span bridge shall be constructed and maintained with a span of 28.9-feet, rise of 8.5-feet and underclearance of 8.7-feet. The project will not impact wetlands while impacting 110-feet of waterway which is located along the western right-of-way of SR 0044 approximately 3.4-miles north of Greenlick Road and Twelve Mile Road intersection in Stewardson Township, Potter County. This permit also authorizes construction, operation, maintenance and removal of temporary stream diversions and a road crossing. The temporary structures shall be constructed with non-erodible rock that is free of silts and fines. Upon removal of the temporary structures, Left Branch Young Womans Creek shall be restored to natural stream geometry, profile and pattern. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E59-412. PA DCNR, Bureau of Facility Design, P. O. Box 8451,Harrisburg, PA 17105-8451, in Shippen Township, Tioga County, ACOE Baltimore District (Asaph, PA Quadrangle N: 7.2 inches; W: 10.1 inches).
DCNR, Bureau of Forestry is proposing to 1) remove an existing bridge, 2) construct and maintain a prestressed concrete spread box beam bridge with a normal span of 7.07-meters and a minimum underclearance of 2.02-meters in Left Asaph Run, 3) temporarily construct and maintain three 915-millimeters corrugated aluminum culvert pipes placed on Class 4 geotextile with the associated R-4 rock fill over the pipes to be placed 25 meters upstream of the existing bridge, 4) temporarily construct and maintain a concrete and sand bag diversion dike at the existing bridge site, all of which are located 643 meters south west of the intersection of Left Asaph Run Road and Right Asaph Run Road. This project proposes to temporarily impact 35-meters and permanently impact 22-meters of Left Asaph Run, which is classified as a High Quality-Cold Water Fishery.
E60-147. Raymond Young and Carol Brink Young, RR 2, Box 1048, New Columbia, PA 17856. 24-inch culvert crossing, in White Deer Township, Union County, ACOE Baltimore District (Allenwood, PA Quadrangle N: 5.21; W: 1.56).
The permit application proposes to maintain a 24-inch culvert crossing on an unnamed tributary to the West Branch of the Susquehanna River for a private residence. The crossing contains 25 feet of fill above the culvert, is 175-feet long and is 15-feet wide. This project is located .5 mile north on Milroy Road from the intersection with SR 1004. This project proposes to impact 100 linear feet of unnamed tributary to the West Branch of the Susquehanna River, which is designated a Warm Water Fishery and does not propose to impact any wetlands. This permit was issued under Section 105.13(e) ''Small Projects.''
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-322, Cranberry Township, 2525 Rochester Road, Cranberry Township 16066. Cranberry Highlands Golf Course, in Cranberry Township, Butler County, ACOE Pittsburgh District.
To conduct the following activities associated with the construction of Cranberry Highlands Golf Course, a municipal golf course, along Freshcorn Road north of Glen Eden Road in:
1. Fill 0.36 acre of wetland associated with construction of a 170-foot long, 54-inch diameter corrugated metal pipe stream enclosure in a tributary to Brush Creek having a contributory drainage area of 73.3 acres for the reconstruction and realignment of approximately 1.4 miles of T-300 (Freshcorn Road) extending north from S.R. 3024 (Glen Eden Road) (Baden, PA Quadrangle N: 19.5 inches; W: 1.75 inches).
2. Fill 0.48 acre of wetland for construction of a pond and Hole 3 of the golf course (Baden, PA Quadrangle N: 18.6 inches; W: 2.5 inches).
3. Construct and maintain a raw water intake in Brush Creek approximately 600 feet west of Powell Road near the Cranberry Township Municipal Sewer and Water Authority Wastewater treatment plant (Baden, PA Quadrangle N: 17.0 inches; W: 2.85 inches).
This project includes creation of 1.0 acre of replacement wetland near the maintenance area south of Hole 3 (Baden, PA Quadrangle N: 18.1 inches; W: 2.7 inches).
Water Quality Certifications Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Consho- hocken, PA 19428.
Final Actions Under
Section 401 of the Federal Water Pollution Control Act 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)).
These actions of the Department may be appealed to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483, by any aggrieved person under the Environmental Hearing Board Act (35 P. S. § 7514); 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law). Appeals must be filed with the Environmental Hearing Board within 30 days from the date of this issue of the Pennsylvania Bulletin unless the appropriate statue provides a different time period. Copies of the appeal form and the Department's regulations governing practice and procedure before the Board may be obtained from the Board.
Certification Request Initiated By: Sunoco, Inc., 3144 Passyunk Avenue, Philadelphia, PA 19145-5299.
Project Description: This activity involves the discharge of supernatant from the U.S. Army Corps of Engineers Fort Mifflin Dredge Disposal Basin into the Delaware Estuary--Zone 4. The supernatant will be generated through the disposal of approximately 49,000 cubic yards of sediment dredged from the Sunoco Girard Point Wharf facility at the Philadelphia Refinery. A hydraulic suction dredge and pipeline will be used to move the sediment directly to the disposal basin.
Final Action on Request: Certification Granted.
SPECIAL NOTICES
Public Notice of Proposed Consent Order and Agreement
Former Avtex Fibers, Inc. Site,
Vernon Township, Crawford County Under Section 1113 of the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305) (HSCA), notice is hereby provided that the Department of Environmental Protection (Department) has agreed to a Consent Order and Agreement (Agreement) with FMC Corporation, 200 E. Randolph Drive, Chicago, Illinois 60601 (FMC) concerning the resolution of their liability for the mercury contamination at the former Avtex Fibers, Inc. facility's wastewater treatment plant (site), located in Vernon Township, Crawford County.
Between 1929 and 1986, mercury from the mercury seals leaked into the trickling filter tanks and the trickling filter media in the wastewater treatment plant at the Avtex Fibers, Inc. facility in Vernon Township, Crawford County, Pennsylvania. In 1995, certain aspects of the wastewater treatment plant, including the trickling filter media and mercury-lubricated distribution arms were dismantled. During and subsequent to this dismantling, mercury leaked into the trickling filter tanks, trickling filter media and soils near the trickling filter tanks. This leaking of mercury constituted a ''release'' and ''threat of release'' as defined by Section 103 of HSCA. Mercury is also defined in Section 103 of HSCA as a ''hazardous substance''.
As an owner during a period of time that hazardous substances were released at the site, FMC is a ''responsible person'' as defined in Section 103 of HSCA. Under the terms of the Agreement, FMC shall: 1) Collect the elemental mercury for off-site disposal or recycling to the extent possible from the trickling filter tanks; 2) Test the trickling filter media, if it fails a characteristically hazardous waste determination it will be treated to a level that allows on-site containment or disposed off-site as a hazardous waste; 3) Permanently contain all other sediments, wastes, and apparatus within a trickling filter tank, following any necessary decontamination. Following the completion of these actions, FMC shall be relieved of further liability concerning the release and threat of release of mercury from the wastewater treatment facility at the site, pursuant to Section 501(a) of the Land Recycling Act (35 P. S. § 6026.501(a)).
The specific terms of this settlement are set forth in the Agreement between the FMC and the Department. The Department will receive and consider comments relating to the Agreement for 60 days from the date of this Public Notice. The Department has the right to withdraw its consent to the Agreement if the comments concerning the Agreement disclose facts or considerations, which indicate that the Agreement is inappropriate, improper, or not in the public interest. After the public comment period, the Department's settlement with FMC shall be effective upon the date that the Department notifies FMC, in writing, that this Agreement is final and effective in its present form, and that the Department has filed a response to significant written comments to the Agreement, or that no such comments were received.
The Agreement is available for inspection and copying at the Department's office at 230 Chestnut Street, Meadville, PA. Comments may be submitted, in writing, to Mark Gorman, Program Manager, Department of Environmental Protection, Hazardous Sites Cleanup, 230 Chestnut Street, Meadville, PA 16335. Further information may be obtained by contacting Mark Gorman at 814-332-6648. TDD users may contact the Department through the Pennsylvania Relay Service at (800) 645-5984.
Consent Order and Agreement
Borough of Kane
Borough of Kane Authority, McKean County The Department of Environmental Protection (Department) has entered into a Consent Order and Agreement with the Borough of Kane and the Borough of Kane Authority (hereinafter collectively referred to as ''Kane'') concerning the Pine Street wastewater treatment plant and sewerage collection and conveyance system.
On January 17, 2001, the Department of Environmental Protection signed a Consent Order and Agreement with the Borough of Kane and the Borough of Kane Authority. The Consent Order and Agreement requires Kane to pay a civil penalty of $7,500 for past National Pollutant Discharge Elimination System Permit violations and sewage overflows from the sewerage collection and conveyance system. Kane will also submit a long term control plan to the Department, focusing on a comprehensive solution to any outstanding environmental issues.
The specifics of the Department's settlement with Kane are set forth in the Consent Order and Agreement. Copies of the Consent Order and Agreement are available for inspection at the Department's office at 230 Chestnut Street, Meadville, PA 16335. Further information may be obtained by contacting Paul Tunno at (814) 332-6942. TDD users may contact the Department through the Pennsylvania Relay Service at (800) 645-5984.
Proposed Coastal Zone Management Program
Section 309 Assessment
Available for Public Review and Comment The Department of Environmental Protection, Office for River Basin Cooperation has voluntarily developed a draft Assessment of the Coastal Zone Management Program in accordance with Section 309 of the Coastal Zone Management Act (CZMA), as amended in 1990 and 1996. States and territories are encouraged to develop program changes in one or more of nine coastal enhancement areas, including wetlands, public access, coastal hazards, cumulative and secondary impacts, energy and government facility siting, marine debris, ocean resources, special area management plans and aquaculture. Under this program, the U. S. Secretary of Commerce is authorized to make awards to states and territories to develop and submit for Federal approval program changes that support attainment of the objectives of one or more of the enhancement areas.
The assessment is available for public review and comment at the following locations:
Erie County Department of Planning
Erie County Courthouse
140 W. 6th St.
Erie, PA 16501Delaware Valley Regional Planning Commission
111 South Independence Mall East
8th Floor
Philadelphia, PA 19106-2515The assessment is also available on the Department of Environmental Protection's World Wide Web site at http://www.dep.state.pa.us/subjects/Office for River Basin Cooperation or from the contact person listed below.
Persons wishing to comment on the draft assessment are invited to submit their statements to the contact identified below within 30 days from the date of this public notice. Responses received within this 30-day period will be considered in the formulation of the final assessment. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of the comment and the relevant facts upon which it is based.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should notify the contact identified below. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Department of Environmental Protection, Office for River Basin Cooperation, Coastal Zone Management Program, P. O. Box 2036, Harrisburg, PA 17105-2036, Attention: John Booser, (717) 772-1101 or send Email to John Booser at jbooser@state.pa.us.
[Pa.B. Doc. No. 01-323. Filed for public inspection February 23, 2001, 9:00 a.m.]
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