[32 Pa.B. 4165]
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FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 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 (FWPCA) (33 U.S.C.A. § 1341(a)).
Except as otherwise noted, the Department 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.
Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, 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 decision law.
For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
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.
E45-428. Minisink Hotel, Inc., P. O. Box 70, Minisink Hills, PA 18341. Smithfield Township, Monroe County, Army Corps of Engineers Philadelphia District.
To construct and maintain a pedestrian bridge having a single span of approximately 37.7 feet and a maximum underclearance of approximately 14.0 feet across Marshalls Creek to service pedestrian traffic from the Minisink Hotel to the roller rink catering area. The project also includes the installation of a 1 1/4-inch sanitary sewer line attached to the side of the northern bridge beam. The project is located north of the intersection of SR 2028 and SR 2021 (Stroudsburg, PA-NJ Quadrangle N: 22.5 inches; W: 2.0 inches).
E39-410. North Whitehall Township, 3256 Levans Road, Coplay, PA 18037. North Whitehall Township, Lehigh County, Army Corps of Engineers Philadelphia District.
To remove the existing structure; to construct and maintain an open-bottom, precast concrete arch culvert having a span of 30.4 feet and an underclearance of 5.25 feet across Coplay Creek; to construct and maintain bank restoration and stabilization, consisting of log and stone deflectors, erosion control matting, native plantings and riprap along 200 feet of the right bank of Coplay Creek; and to construct and maintain an outfall structure consisting of a 15-inch diameter pipe and concrete end wall in the floodway of Coplay Creek. The project is located at the intersection of Excelsior Road (T-665) and Coplay Creek Road (Cementon, PA Quadrangle N: 10.1 inches; W: 13.7 inches).
EA48-004NE. Gregory A. Gulick, 3399 Bath Pike, Bethlehem, PA 18017. Hanover Township, Northampton County, Army Corps of Engineers Philadelphia District.
To restore two watercourses that have been historically plowed and reshaped during farming activities as follows: (1) a 1,665-foot long, grass-lined channel having a depth of 1 foot and width of 40 feet; and (2) a 330-foot long, grass-lined channel having a depth of 1 foot and width of 30 feet. The project is located approximately 1,500 feet southwest of the intersection of SR 0022 and SR 0512 (Catasauqua, PA Quadrangle N: 6.0 inches; W: 1.8 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E21-338. South Middletown Municipal Authority, P. O. Box 8, Boiling Springs, PA 17007 in South Middletown Township, Cumberland County, ACOE Baltimore District.
To construct and maintain about 250 linear feet of new 6-inch diameter high density polyethylene sanitary sewer force main encased in a 10-inch diameter steel pipe, crossing of the Yellow Breeches Creek (HQ-CWF) stream channel and floodway located about 50 feet downstream of the SR 2003 bridge crossing of the Creek (Carlisle, PA Quadrangle N: 2.3 inches; W: 3.3 inches) in South Middletown Township, Cumberland County.
E67-717. Randy Odachowski, 3833 Salem Road, York, PA 17404 in North Codorus Township, York County, ACOE Baltimore District.
To excavate a 35.8-foot by 32.6-foot nonjurisdictional pond which will have a brick embankment of 20-feet by 3-feet high in the channel of an unnamed tributary to Codorus Creek (WWF) located about 1,700 feet southwest of New Salem School (West York, PA Quadrangle N: 4.03 inches; W: 7.2 inches) in North Codorus Township, York County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E14-418. Thomas A. Shivery, 356 Lower Coleville Road, Bellefonte, PA 16823. Stream enclosure garage, in Spring Township, Centre County, ACOE Baltimore District (Bellefonte, PA Quadrangle N: 6.07 inches; W: 6.82 inches).
To construct and maintain a 52-foot 2-inch long by 36-foot 2-inch wide garage over 36 linear feet of an 8-foot wide concrete block walled unnamed tributary to Buffalo Run located 700 feet southeast on Lower Coleville Road from Coleville Road. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E14-423. Philipsburg Borough, P. O. Box 631, Philipsburg, PA 16866-0631. Cold Stream footbridge, in Philipsburg Borough, Centre County, ACOE Baltimore District (Philipsburg, PA Quadrangle N: 3.5 inches; W: 11.1 inches).
To construct and maintain a 4-foot wide by 60-foot long steel beam/wood deck pedestrian bridge with its associated concrete abutments and 7-foot underclearance across Cold Stream for a recreational trail located 2,000 feet upstream of the Cold Stream Dam spillway. The project proposes to permanently impact 4 linear feet of the Cold Stream that is classified as a HQ-CWF. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E19-232. Bloomsburg Fair Association, P. O. Box 479, Bloomsburg, PA 17815. Road construction in floodway, in Town of Bloomsburg, Columbia County, ACOE Baltimore District (Catawissa, PA Quadrangle N: 21.1 inches; W: 13.8 inches).
To construct and maintain a one directional access road approximately 600 feet long that will connect Route 11 to River Road in the floodway of Fishing Creek 100 feet south of the SR 42/SR 11 interchange. This permit was issued under section 105.13(e) ''Small Projects.''
E59-431. Donald W. Trowbridge, 222 Granger Street, Blossburg, PA 16912-1433. Culvert crossing, in Rutland Township, Tioga County, ACOE Baltimore District (Rutland, PA Quadrangle N: 4.2 inches; W: 15.3 inches).
To construct, operate and maintain a 104-inch diameter steel culvert pipe residential crossing having a length of 30 feet. This permit also authorizes rock headwalls and one foot of clean fill used for cover over the culvert pipe. This crossing is located on Bailey Creek 130 feet north of Bailey Creek Road, 1/4 mile west of French Road (Millerton, PA Quadrangle N: 4.21 inches, W: 15.3 inches) in Rutland Township, Tioga County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E60-156. Chris A. Walter, R. R. 1, Box 339, New Columbia, PA 17856. New home in floodway, in White Deer Township, Union County, ACOE Baltimore District (Allenwood, PA Quadrangle N: 13.37 inches; W: 2.37 inches).
To replace a 14-foot by 60-foot trailer with a 28-foot by 44-foot double wide mobile home in the 100-year floodway of White Deer Creek located 1.0 mile west on White Deer Pike from SR 0015 in White Deer Township, Union County. This permit was issued under section 105.13(e) ''Small Projects.''
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-328, Adams Ridge II, L. P., 1150 Brodhead Road, Monaca, PA 15061-2500. Adams Ridge II, Phase VI, in Adams Township, Butler County, ACOE Pittsburgh District (Mars, PA Quadrangle N: 12.0 inches; W: 6.0 inches).
To fill 0.60 acre of wetland (PSS/PFO) and impact approximately 2,000 feet of the channel of a tributary to Kaufman Run having a contributory drainage area less than 100 acres for the construction of Adams Ridge II, Phase VI, residential development south of SR 228 approximately 1 mile west of Mars Borough. This project includes creation of 1.25 acres of replacement wetland along Kaufman Run on Adams Ridge Pointe Road (formerly Four Seasons Road).
E25-647, Erie-Western Pennsylvania Port Authority, 100 State Street, Suite 205, Erie, PA 16507. Ore Dock Access Road, in City of Erie, Erie County, ACOE Pittsburgh District (Erie North, PA Quadrangle N: 3.5 inches; W: 10.9 inches).
Realign and reconstruct an existing access road within the 100-year flood plain of Lake Erie and to rehabilitate and maintain the existing bridge having an approximate clear span of 67 feet and an underclearance of 15 feet across Mill Creek on the Ore Dock Access Road extending from the Bayfront Parkway west of the Erie Wastewater Treatment Plant northeast to the Mountfort Terminal.
E62-377, Timothy J. Stec, R. D. 1 Box 3, Grand Valley, PA 16420. Timothy J. Stec SRSTP Outfall to Caldwell Creek, in Eldred Township, Warren County, ACOE Pittsburgh District (Grand Valley, PA Quadrangle N: 18.7 inches; W: 5.2 inches).
Install and maintain an outfall pipe with concrete headwall along the right bank of Caldwell Creek (HQ) approximately 0.5 mile upstream of T-361 Whaley Hill Road at Grand Valley from a Single Residence Sewage Treatment Facility for an existing home along T-318 Hoover Road.
E62-384, Mead Oil Company, P. O. Box 667, Sheffield, PA 16347. Gas pipelines across Little Arnot Run, in Mead Township and Cherrygrove Township, Warren County, ACOE Pittsburgh District (Sheffield, PA Quadrangle N: 18.8 inches; W: 14.6 inches).
To construct and maintain 11,525 feet long, 3-inch diameter and 2-inch diameter natural gas pipelines to extend existing lines to provide gas to a local business. The pipeline will cross underneath (by trenching) Little Arnot Run approximately 1.6 miles northeast of the intersection of SR 2001 and Gregerson Road.
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.
D64-104EA. Consumers Pennsylvania Water Company, 204 East Sunbury Street, Shamokin, PA 17872. Paupack, Township, Wayne County, ACOE Philadelphia District.
To breach and remove Red Shale Dam No. 1 across Red Shale Brook (HQ-CWF, MF) for the purpose of restoring the stream to a free flowing condition. The dam is located approximately 3,800 feet south of the intersection of SR 3028 and T367 (Hawley, PA Quadrangle N: 19.40 inches; W: 14.75 inches).
[Pa.B. Doc. No. 02-1482. Filed for public inspection August 23, 2002, 9:00 a.m.]
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