[32 Pa.B. 440]
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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 this action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law) to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the 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 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E01-229. Adams County Commissioners, 111--117 Baltimore Street, Gettysburg, PA 17325 in Mount Pleasant and Oxford Townships, Adams County, ACOE Baltimore District.
To rehabilitate and maintain Adams County Bridge No. 56 on T-428 Road (Storms Store Road) over South Branch of Conewago Creek (WWF). The rehabilitation on the bridge will include removing the fill and installing a well draining backfill and possible weep holes, strengthening the spandrel walls and wingwalls, repairing cracks, repointing stone masonry, installing a membrane water proofing below the road surface, constructing new bituminous paving and underpinning and jacketing the abutments and piers (McSherrystown, PA Quadrangle N: 15.0 inches; W: 11.2 inches) in Mount Pleasant and Oxford Townships, Adams County.
E07-349. Tyrone Area School District, 701 Clay Avenue, Tyrone, PA 16686 in Snyder Township, Blair County, ACOE Baltimore District.
To construct and maintain a 4-span pedestrian bridge with spans of 97-feet each and an underclearance of 24.6-feet across the channel of Schell Run (WWF) at a point at the Tyrone High School (Tipton, PA Quadrangle N: 8.55 inches; W: 0.5 inch) in Snyder Township, Blair County. This project will permanently impact less than 0.01 acre of wetlands and temporarily impact 0.59 acre of wetlands. The amount of wetland impact is considered de minimis and wetland mitigation is not required.
E21-331. Hampden Township, 230 S. Sporting Hill Road, Mechanicsburg, PA 17050 in Hampden Township, Cumberland County, ACOE Baltimore District.
To construct and maintain 350 feet of boardwalk across a wetland area in the floodplain of an unnamed tributary to the Conodoquinet Creek (WWF) locally known as Beech Run located about 100 feet south of the Beech Run Road stream crossing (Harrisburg West, PA Quadrangle N: 2.3 inches; W: 11.6 inches) in Hampden Township, Cumberland County.
E28-291. Richard Mohn, 10599 Old Forge Road, Waynesboro, PA 17268 in Quincy Township, Franklin County, ACOE Baltimore District.
To construct and maintain a 15-foot single span bridge having a 5.5-foot underclearance across the channel of Biesecker Run (CWF) at a point 3,000 feet northeast of the Mentzer Gap Road intersection for the purpose of logging (Waynesboro, PA Quadrangle N: 7.4 inches; W: 4.9 inches) in Quincy Township, Franklin County.
E31-176. Huntingdon Borough, 531 Washington Street, Huntingdon, PA 16652 in Huntingdon Borough, Huntingdon County, ACOE Baltimore District.
To construct and maintain a swimming pool and recreational facilities within the floodway fringe of Standing Stone Creek (HQ-CWF) at a point upstream of Penn Street (Huntingdon, PA Quadrangle N: 19.7 inches; W: 0.9 inch) in Huntingdon Borough, Huntingdon County.
E31-177. Department of Natural Resources, Forestry Bureau 3-0, R. D. 1 Box 42-A, Blain, PA 17006, in Shirley Township, Huntingdon County, ACOE Baltimore District.
To (1) maintain an existing bridge having a span of 17.83 feet and an underclearance of 6.25 feet across the channel of West Licking Creek (HQ-CWF) at a point approximately 13,000 feet above its mouth; (2) replace the deck and maintain an existing bridge having a span of 19.5 feet and an underclearance of 5.83 feet across the channel of West Licking Creek (HQ-CWF) at a point approximately 12,000 feet above its mouth; (3) construct and maintain a bridge having a span of 22.5 feet and an underclearance of 5.33 feet across the channel of West Licking Creek (HQ-CWF) at a point approximately 11,200 feet upstream of its mouth; (4) construct and maintain a bridge having a span of 20.75 feet and an underclearance of 5.83 feet across the channel of West Licking Creek (HQ-CWF) at a point approximately 8,500 feet above its mouth; and (5) construct and maintain a bridge having a span of 10 feet and an underclearance of 1.17 feet across the channel of a tributary to West Licking Creek (HQ-CWF) at a point just upstream of its mouth (Aughwick, PA Quadrangle N: 19.5 inches; W: 6.4 inches, N: 19.1 inches; W: 6.7 inches; N: 18.8 inches; W: 7.0 inches; N: 18.0 inches; W: 8.1 inches; N: 18.5 inches; W: 9.3 inches respectively) in Shirley Township, Huntingdon County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E47-073. Pennsylvania Department of Transportation, Engineering District 3-0, P. O. Box 715, Montoursville, PA 17754. SR 0642, Bridge Over Mahoning Creek, in West Hemlock Township, Montour County, ACOE Baltimore District (Millville, PA Quadrangle N: 8.8 inches; W: 12.5 inches).
To remove the existing I-beam structure and construct, operate and maintain a 12-foot by 6.5-foot cast in place box culvert with a curb-to-curb width of 32 feet and a span of 51 feet and to relocate 155 linear feet of Mahoning Creek. The channel change is authorized to replicate the existing channel's pattern, profile and cross-section by utilizing natural channel materials without degrading the existing channel characteristics. This permit also authorizes the stabilization of 200 linear feet of riprap on the right bank and shoulder of the road.
E53-366. Harrison Township, 205 East Main Street, P. O. Box 92. Harrison Valley, PA 16927. Harrison Valley Wastewater Collection and Treatment Facility, in Harrison Township, Potter County, ACOE Baltimore District (Harrison Valley, PA Quadrangle N: 12.1 inches; W: 3.8 inches).
To construct, operate and maintain 50,000-feet of sanitary sewer line, treatment facility and outfall structure within the Cowanesque River watershed (Cold Water Fishery) for the treatment of municipal wastewater. Construction of the sanitary sewer lines will require the 25 stream crossings that are as follows:
Number of Total Length Stream Name Crossings of Crossings North Branch--Cowanesque River 4 165-feet Unnamed tributaries--North Branch 5 90-feet Cowanesque River 4 140-feet Unnamed tributaries--Cowanesque 10 130-feet Dodge Hollow Run 1 40-feet Marsh Creek 1 30-feet All sewer line crossings shall be constructed with a minimum of 3-feet of cover with concrete encasement beneath the waterways. Trench plugs or clay dikes shall be used at every sewer line crossing a waterway to ensure the hydrology of the streams is not altered. Construction of the wastewater treatment facility will require the placement of fill in the 100-year floodplain of the Cowanesque River. The placement of fill and the toe of fill slopes shall not encroach into the floodway or within 50-feet of the Cowanesque stream bank. The project will not impact wetlands while impacting 595-feet of waterway. The project is located along the eastern and western right-of-way of SR 0049 approximately 2.3-miles south and north of SR 1019 and SR 0049 intersection. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E03-391. Richard L. Castle, 686 Jackson Road, Apollo, PA 15613. Kiskiminetas Township, Armstrong County, ACOE Pittsburgh District.
To stabilize and maintain existing fill placed along approximately 310 feet of the left bank of Rattling Run (CWF) and to construct and maintain a culvert crossing consisting of a 6-inch depressed 9.3-foot x 6.3-foot steel spiral rib pipe arch and a 4.0-foot corrugated metal pipe in Rattling Run (CWF) for the purpose of expanding and accessing a truck parking space. The project is located off of S.R. 2051, approximately 0.5 mile south of its intersection with S.R. 0056 (Vandergrift, PA Quadrangle N: 14.5 inches; W: 3.6 inches).
E63-508. John Sisson Motors, Inc., 470 Washington Road, Washington, PA 15301. South Strabane Township, Washington County, ACOE Pittsburgh District.
To place and maintain fill in 0.13 acre of wetlands (PEM/PSS), to extend and maintain the existing box culvert having a span of 12.0 feet and an underclearance of 5.0 feet with a 99.0 foot long box culvert having a span of 12.0 feet with an underclearance of 5.0 feet in an unnamed tributary to Chartiers Creek for the purpose of expanding the existing parking area and car storage area on applicant's dealership. The project is located on the east side of Washington Road (U.S. Route 19), approximately 600 feet north from the intersection of Washington Road, Manifold Road and Cameron Road. This permit also authorizes the construction and maintenance of two 15-inch diameter outfall structures. The applicant has met the wetland replacement requirement by contributing to the Wetland Replacement Fund. (Washington East, PA Quadrangle N: 11.6 inches; W: 12.5 inches).
E63-514. Washington County Planning Commission, 100 West Beau Street, Suite 701, Washington, PA 15301. Buffalo Township, Washington County, ACOE Pittsburgh District.
To remove the existing bridge (Brownlee Bridge No. 38) and to construct and maintain a new bridge having a span of 65.0 feet with an underclearance of 15.0 feet across the channel of Buffalo Creek (HQ-WWF) for the purpose of improving highway safety. The bridge is located on T-472, approximately 300 feet west from the intersection of T-472 and LR 62135. This permit also authorizes the construction and maintenance of a temporary road crossing in the channel of said stream, the placement and maintenance of rip-rap bank protection along the left and right banks of said stream and the removal of an existing outfall structure on the right bank of said stream and the construction and maintenance of two new outfall structures on the right bank of said stream. (Washington West, PA Quadrangle N: 0.2 inch; W: 16.8 inches).
E65-766. Easy Living Estates and Management Corporation, R. D. 4, Box 107, Ligonier, PA 15658. East Huntingdon and Hempfield Townships, Westmoreland County, ACOE Pittsburgh District.
To construct and maintain a 20-feet long, 20-feet by 8-feet box culvert having natural streambed in Belson Run (WWF) for providing access to the property. The work also includes placing and maintaining fill in 0.5 acre of wetland and placing eight 12-inch diameter pipes adjacent to the culvert in order to provide hydrology for the remaining wetlands. The project is located at the Easy Living Estates and Management New Stanton Facility along the south side of S.R. 3093. The permittee will construct 0.53 acre of replacement wetland, along with two outfall structures to Belson Run (Mt. Pleasant, PA Quadrangle N: 12.3 inches; W: 13.5 inches).
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E20-504, William M. Densmore, 1253 Bethel Green Drive, Bethel Park, PA 15102. William Densmore Dock, in Summit Township, Crawford County, ACOE Pittsburgh District (Harmonsburg, PA Quadrangle N: 2.9 inches; W: 7.6 inches).
To rehabilitate and maintain a solid fill private dock measuring 10 feet wide extending approximately 40 feet from the shore of Conneaut Lake at 11393 North Shore Drive.
SPECIAL NOTICES
Plan Revision Approval under the Municipal Waste Planning Recycling and Waste Reduction Act Northcentral Region: Regional Planning and Recycling Coordinator, 208 West Third Street, Suite 101, Williamsport, PA 17701.
The Department of Environmental Protection (DEP) approved a revision to the Northern Tier, Bradford, Sullivan and Tioga Counties' Municipal Waste Management Plan on November 20, 2001.
DEP approved a revision for the Lycoming County Municipal Waste Management Plan Update 2000 on December 11, 2001.
Persons aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law) to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, 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 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.
For individuals who wish to challenge this action, the appeal 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 document 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.
The plan revision is a public document and may be viewed at the DEP Regional Office previously noted.
Questions concerning this approval should be directed to Sally Lohman, Chief, Waste Planning Section, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472; or to Ronald Sommers, Regional Planning and Recycling Coordinator, Bureau of Land Recycling and Waste Management at the Regional Office previously noted.
Recycling Grant Awards under the Municipal Waste Planning, Recycling and Waste Reduction Act
The Department of Environmental Protection announces the following grants to municipalities for recycling programs under the Municipal Waste Planning, Recycling and Waste Reduction Act (act) (53 P. S. §§ 4000.101--4000.1904).
Grant funds are used to develop and implement recycling programs. Municipalities and counties are eligible for up to 90% funding of approved recycling program costs. Municipalities considered financially distressed under the Financial Distressed Communities Act are eligible to receive funding for an additional 10% of approved costs. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of the act and the availability of moneys in the Recycling Fund.
Inquiries regarding the grant offerings should be directed to Todd Pejack, Recycling Grants Coordinator, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472.
Act 101 Section 902 Recycling Development and Implementation Grants
Municipal Applicant Project Type Total Project Costs Recommendation Southeast Region
1 Chester County Office Recycling and Recycling Education $81,106 $72,914 Southcentral Region
2 City of Harrisburg
Dauphin CountyCurbside Recycling and Yard Waste Collection $411,482 $370,334 Southwest Region 3 South Union Township
Fayette CountyYard Waste Recycling and Recycling Education $220,000 $198,000 4 Peters Township
Washington CountyCurbside Recycling and Home Composting $26,283 $23,654 5 City of Jeannette
Westmoreland CountyRecycling Center Improvements $413,108 $371,797 Northwest Region
6 Millcreek Township
Erie CountyCurbside Recycling and Recycling Education $243,926 $211,433 Total $1,395,905 $1,248,132
Availability of Brownfields Inventory Grants under the Hazardous Sites Cleanup Act The Department of Environmental Protection (DEP) hereby announces the availability of Brownfields Inventory Grants under the Hazardous Sites Cleanup Act (HSCA). Under the Brownfields Inventory Grant Program, DEP will provide grants to municipalities and economic development agencies to inventory the brownfield properties in their areas. If the brownfield properties are available for redevelopment, the grantee will gather information about infrastructure, suspected or confirmed environmental contamination and other related information. The grantee will then list the site on the Pennsylvania SiteFinder (formerly the Pennsylvania Brownfields Directory).
This is the fifth round of grants under the Brownfields Inventory Grant Program. Under this round of grants, DEP will consider grant applications to inventory brownfield properties in all counties or municipalities throughout this Commonwealth. The following counties and/or their respective municipalities are not currently in the Brownfields Inventory Grant Program and are encouraged to apply: Bradford, Cameron, Carbon, Clarion, Clearfield, Delaware, Elk, Forest, Franklin, Fulton, Huntingdon, Jefferson, Lebanon, McKean, Monroe, Pike, Potter, Sullivan, Tioga, Venango, Warren, Wayne and Wyoming.
Municipalities and economic development agencies may apply to DEP for the grants by submitting an application, available by calling the DEP Land Recycling and Cleanup Program, (717) 783-7816. The application package may also be downloaded from DEP's website at: http://www.dep.state.pa.us/dep/deputate/airwaste/wm/landrecy/default.htm. Grant applications for this round of grants must be received by DEP on or before February 28, 2002.
If the grant is approved, the grantee will be paid $1,000 for each brownfield site that is identified and entered into the Pennsylvania SiteFinder. Grants are limited to $50,000.
The Brownfields Inventory Grants will be issued under the authority of the HSCA. The HSCA authorizes DEP to investigate and assess potential releases of hazardous substances. This includes collecting information concerning sites that are potentially contaminated with hazardous substances and may need assessment or cleanup. Funds for the Brownfields Inventory Grants will be provided out of the Hazardous Sites Cleanup Fund.
The term ''brownfields'' shall be defined as properties that are abandoned, idled or underutilized industrial and commercial facilities where expansion or redevelopment is impeded by real or perceived environmental contamination.
The term ''municipality'' shall include any county, city, borough or township government in this Commonwealth.
The term ''economic development agency'' shall include:
(1) Any redevelopment authority created under the Urban Redevelopment Law.
(2) Any industrial development agency as that term is defined in the Pennsylvania Industrial Development Authority Act.
(3) Any industrial and commercial development authority created under the Economic Development Financing Law.
(4) Any area loan organization as that term is defined in the Capital Loan Fund Act.
(5) Any other Commonwealth or municipal authority which acquires title or an interest in property.
(6) Municipalities or municipal industrial development or community development departments organized by ordinance under a home rule charter which buy and sell land for community development purposes.
(7) Tourist promotion agencies or their local community-based nonprofit sponsor which engage in the acquisition of former industrial sites as part of an ''industrial heritage'' or similar program.
(8) Conservancies engaged in the renewal or reclamation of an industrial site.
[Pa.B. Doc. No. 02-144. Filed for public inspection January 25, 2002, 9:00 a.m.]
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