[33 Pa.B. 1628]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
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); and The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and 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 and the NPDES permit application. Mining activity permits issued in response to the 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 Actions
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
54910205R2. CLS Coal Company (P. O. Box 81, Port Carbon, PA 17965), renewal of an existing coal refuse reprocessing operation in West Mahanoy Township, Schuylkill County affecting 12.5 acres, receiving stream: none. Application received November 21, 2002. Renewal issued March 12, 2003.
Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.
65860105 and NPDES Permit No. PA0588601. M. B. Energy, Inc. (175 McKnight Road, Blairsville, PA 15717). Renewal issued for continued reclamation and treatment of discharges at a bituminous surface mining operation located in Donegal Township, Westmoreland County, affecting 369.0 acres. Receiving streams: unnamed tributaries to Four Mile run and unnamed tributary to Jacobs Creek. Application received January 15, 2003. Renewal issued March 11, 2003.
03940101 and NPDES Permit No. PA0200654. TDK Coal Sales, Inc. (P. O. Box 259, Brockway, PA 15824). Permit revised to include a stream variance and stream crossing for a portion of the unnamed tributary to Holder Run, as well as an increase in the conventional bond due to the additional activities and structures at a bituminous surface mining operation located in Bradys Bend Township, Armstrong County, affecting 129.2 acres. Receiving streams: unnamed tributary to Holder Run and to Holder Run to Sugar Creek. Application received April 29, 2002. Revised permit issued March 13, 2003.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
11020102 and NPDES Permit No. PA0249220. Bell Resources, Inc., R. R. 2, Box 281, Curwensville, PA 16833-9101, commencement, operation and restoration for a bituminous surface and auger mine and for discharge of treated mine drainage in Reade Township, Cambria County, affecting 78.2 acres. Receiving streams: unnamed tributaries to Muddy Run and Muddy Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received June 6, 2002. Permit issued March 10, 2003.
56920112 and NPDES Permit No. PA0212270. PBS Coals, Inc., P. O. Box 260, Friedens, PA 15541, permit renewal for reclamation only and for continued restoration of a bituminous surface mine and for discharge of treated mine drainage in Stonycreek Township, Somerset County, affecting 76.3 acres. Receiving streams: an unnamed tributary to Clear Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received November 18, 2002. Permit issued March 11, 2003.
11970201 and NPDES Permit No. PA0234648. Maple Coal Company, 2591 Wexford-Bayne Road, Suite 204, Sewickley, PA 15143 for permit renewal for continued operation of a bituminous surface and beneficial use of ash mine and for discharge of treated mine drainage in Barr and Blacklick Townships, Cambria County, affecting 47.1 acres. Receiving streams: unnamed tributary to/and Elk Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received January 14, 2003. Permit issued March 13, 2003.
56870201 and NPDES Permit No. PA0598097. J. R. Coal Sales, Inc., 882 Wyndemere Way, Naples, FL 34105, permit renewal for reclamation only and continued restoration of a bituminous coal refuse reprocessing surface mine and for discharge of treated mine drainage in Boswell Borough, Somerset County, affecting 19.9 acres. Receiving streams: Quemahoning Creek (CWF). The first downstream potable water supply intake from the point of discharge is Cambria/Somerset Authority Quemahoning Dam Surface Water Withdrawal. Application received January 21, 2003. Permit issued March 12, 2003.
56980104 and NPDES Permit No. PA0234729. Dunamis Resources, Inc., One Energy Place, Suite 4000, Latrobe, PA 15650, permit renewal for reclamation only and for continued restoration of a bituminous surface mine and for discharge of treated mine drainage in Lincoln Township, Somerset County, affecting 20.5 acres. Receiving streams: unnamed tributary to North Branch of Quemahoning Creek (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Quemahoning surface water intake. Application received January 30, 2003. Permit issued March 12, 2003.
56980105 and NPDES Permit No. PA0234818. Dunamis Resources, Inc., One Energy Place, Suite 4000, Latrobe, PA 15650, permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine in Lincoln Township, Somerset County, affecting 93.0 acres. Receiving streams: UNTs to North Branch of Quemahoning Creek (CWF) and UNTs to Horner Run (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Quemahoning surface water intake. Application received March 6, 2003. Permit issued March 12, 2003.
32920104 and NPDES Permit No. PA0212237. Opal Industries, Inc., P. O. Box 980, Latrobe, PA 15650, permit renewal for reclamation only and for continued restoration of a bituminous surface mine and for discharge of treated mine drainage in Conemaugh Township, Indiana County, affecting 88.0 acres. Receiving streams: unnamed tributary to/and Blacklegs Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received January 27, 2003. Permit issued March 12, 2003.
32970111 and NPDES Permit No. PA0234567. Dutch Run Coal, Inc., R. D. 2, Box 366, Shelocta, PA 15774, permit renewal for reclamation only and for continued restoration of a bituminous surface mine in Conemaugh Township, Indiana County, affecting 49.2 acres. Receiving streams: unnamed tributaries to/and Sulfur Run (CWF). The first downstream potable water supply intake from the point of discharge is Saltsburg Municipal Waterworks Conemaugh River intake. Application received March 3, 2003. Permit issued March 12, 2003.
11980201 and NPDES Permit No. PA0234745. Ridge Energy Company, 265 Swamp Road, Clymer, PA 15728, permit renewal for reclamation only and for continued restoration of a bituminous coal refuse reprocessing surface mine in West Carroll Township, Cambria County, affecting 25.0 acres. Receiving stream: Fox Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received February 19, 2003. Permit issued March 12, 2003.
32980102 and NPDES Permit No. PA0234672. Sky Haven Coal, Inc., R. D. 1, Box 180, Penfield, PA 15849, for permit renewal for reclamation only and for continued restoration of a bituminous surface mine and for discharge of treated mine drainage in Montgomery Township, Indiana County, affecting 64.6 acres. Receiving streams: unnamed tributaries to Cush Creek and Cush Creek (HQ-CWF). There are no potable water supply intakes within 10 miles downstream. Application received January 21, 2003. Permit issued March 12, 2003.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
10970104 and NPDES Permit No. PA0227561. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127). Renewal of an existing bituminous strip operation in Venango Township, Butler County affecting 130.8 acres. Receiving streams: unnamed tributaries to Little Scrubgrass Creek, unnamed tributaries to Scrubgrass Creek and unnamed tributaries to Seaton Creek. This renewal is issued for reclamation only. Application received January 14, 2003. Permit issued March 11, 2003.
Noncoal Permits Actions
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
22890301C3 and NPDES Permit PA0594491. Dauphin Meadows, Inc. (P. O. Box 68, Millersburg, PA 17061), renewal of NPDES Permit for discharge of treated mine drainage in Washington Township, Dauphin County, receiving stream: unnamed tributary to Wiconisco Creek. Application received December 31, 2002. Renewal issued March 12, 2003.
64020811. Tompkins Bluestone Co., Inc. (Tar Hollow Road, P. O. Box 776, Hancock, NY 13783), commencement, operation and restoration of a Small Bluestone quarry operation in Buckingham Township, Wayne County, affecting 4.0 acres, receiving stream: tributary to Delaware River. Application received December 16, 2002. Permit issued March 13, 2003.
67830301C4 and NPDES Permit PA0613380. Glen-Gery Corporation (P. O. Box 7001, Wyomissing, PA 19610-6001), renewal of NPDES permit for discharge of treated mine drainage in Conewago Township, York County. Receiving stream: unnamed tributary to Conewago Creek. Application received January 10, 2003. Renewal issued March 13, 2003.
Hawk Run District Mining Office: Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.
14990301 and NPDES Permit No. PA0242781. Glenn O. Hawbaker, Inc., P. O. Box 135, State College, PA 16804. Revision to the existing NPDES permit to allow utilization of an existing treatment basin, from an inactive coal mining operation, for pumped pit water settling. The permit is located in Rush Township, Centre County and affects 90.5 acres. Receiving streams: unnamed tributary Moshannon Creek. Application received June 11, 2002. Permit issued February 19, 2003.
59020302 and NPDES Permit No. PA0243272. Fred J. Robbins, R. R. 2, Box 25A, Tioga, PA 16946. Commencement, operation and restoration of a Large Industrial Minerals (Gravel) permit in Lawrence Township, Tioga County affecting 17.5 acres. Receiving streams: None. Application received June 21, 2002. Permit issued March 7, 2003.
ABANDONED MINE RECLAMATION Cambria Office: 286 Industrial Park Road, Ebensburg, PA 15931-4119, (814) 472-1800.
Bond Forfeiture Contract Awarded BF 441-101.1 Location McCandless Mining Company
Brady Township, Butler CountyDescription Abandoned Mine Land Reclamation Contractor Cherep's Excavating
Pittsburgh, PAAmount $36,228.48 Date of Award March 3, 2003 Bond Forfeiture Contract Awarded BF 476-101.1 Location Rich Coal Company
Reade Township, Cambria County
Description Abandoned Mine Land Reclamation Contractor Greenley Energy Holdings of PA, Inc.
Central City, PA
Amount $97,225 Date of Award February 28, 2003 Bond Forfeiture Contract Awarded BF 481-101.1 Location Beechdale Mining, Inc.
Brothersvalley Township, Somerset County
Description Abandoned Mine Land Reclamation Contractor Covenant Properties Amount $109,700 Date of Award March 3, 2003
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151--161); and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.
Blasting Permits Actions
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
06034003. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting in Spring Township, Berks County with an expiration date of December 31, 2004. Permit issued March 12, 2003.
28034006. Fayetteville Contractors, Inc. (P. O. Box FCI, Fayetteville, PA 17222), construction blasting in Guilford Township, Franklin County with an expiration date of April 3, 2004. Permit issued March 12, 2003.
36034019. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting in East Hempfield Township, Lancaster County with an expiration date of April 3, 2004. Permit issued March 12, 2003.
36034020. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting in Lancaster, Lancaster County with an expiration date of December 31, 2003. Permit issued March 12, 2003.
36034021. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting in Upper Leacock Township, Lancaster County with an expiration date of May 3, 2003. Permit issued March 12, 2003.
46034006. Rock Work, Inc. (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting in Lower Moreland Township, Montgomery County with an expiration date of April 3, 2004. Permit issued March 12, 2003.
46034007. Horst Drilling & Blasting, Inc. (141 Ranck's Church Road, New Holland, PA 17557), construction blasting in Perkiomen Township, Montgomery County with an expiration date of April 3, 2005. Permit issued March 12, 2003.
67034009. Thomas J. Angelozzi, Inc. (7845 Kabik Court, Woodbine, MD 21797), construction blasting in Fairview Township, York County with an expiration date of April 3, 2005. Permit issued March 12, 2003.
Hawk Run District Mining Office: Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.
14034002. Paradise Contracting, 223 Paradise Road, Bellefonte, PA 16823 for construction blasting, located in Spring Township, Centre County, with an expected duration of 60 days. Permit issued March 11, 2003.
14034003. Ameron Construction Co., Inc., 2501 N. Atherton Street, State College, PA 16803 for construction blasting, located in Benner and Spring Townships, Centre County, with an expected duration of 8 months. Permit issued March 11, 2003.
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.
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 Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E51-207. City of Philadelphia, Streets Department, 1401 JFK Boulevard, Room 830 MSB, Philadelphia, PA 19102-1617, City and County of Philadelphia, ACOE Philadelphia District.
To operate and maintain the Century Lane bridge crossing of the Poquessing Creek (WWF). The existing structure is a twin span stone arch bridge with associated abutments that spans a total of 39 feet, has an under clearance of 8 feet and is 20 feet wide. Immediate maintenance will include the following:
1. To drill into the existing structure for the purpose of inserting steel anchors that will be cemented in place to accommodate the necessary loads.
2. To perform minor grading in the approaches to the structure.
The project site is located 100 feet east of the intersection of Century Lane and Mechanicsville Road (Beverly, PA-NJ Quadrangle N: 19.6 inches, W: 12.65 inches).
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E64-237. Department of Transportation, Engineering District 4-0, P. O. Box 111, Scranton, PA 18501. Dyberry Township, Wayne County, Army Corps of Engineers Philadelphia District.
To remove the existing structure and to construct and maintain a road crossing of a tributary to Big Brook, consisting of an 8.5-foot by 4.5-foot precast reinforced concrete box culvert, with its invert depressed 1.0 foot below streambed elevation. The project will impact a de minimis area of wetlands equal to 0.04 acre, associated with grading along the roadway and at the culvert inlet and outlet. The project is located along SR 4019, Segment 0010, Offset 0390 (Aldenville, PA Quadrangle N: 4.0 inches; W: 2.2 inches).
E40-608. City of Wilkes-Barre, 40 East Market Street, Wilkes-Barre, PA 18711. the City of Wilkes-Barre, Luzerne County, Army Corps of Engineers Baltimore District.
To remove the existing structures and to construct and maintain four single-span prestressed concrete adjacent box beam bridges across Solomon Creek. Each bridge has a proposed span of approximately 48 feet and underclearances range from 6.7 to 7.4 feet. The project includes approximately 80 linear feet of channel paving at each structure. The project also includes relocation of a 27-inch sanitary sewer line crossing of Solomon Creek, immediately upstream of Barney Street. The project is located within a 1,000 foot reach of Solomon Creek, at Waller, Barney, Regent and South Franklin Streets (Wilkes-Barre West, PA Quadrangle N: 19.8 inches; W: 4.8 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E36-698: Millbrook Manor Mobile Home Park, 100 E. Queen Street, Stevens, PA 17578 in West Cocalico and Clay Townships, Lancaster County, ACOE Baltimore District
To construct and maintain an 8-inch diameter sanitary sewer line and outfall pipe at the left bank of an unnamed tributary to Indian Run and associated wetlands to construct a sewage treatment plant located on the north side of SR 36001 (Mt. Airy Road) about 0.9 mile northeast of Mt. Airy Village (Ephrata, PA Quadrangle N: 21.6 inches; W: 12.19 inches) in West Cocalico and Clay Townships, Lancaster County.
E07-366: Department of Transportation, District 9-0, 1620 N. Juniata Street, Hollidaysburg, PA 16648 in Tyrone Township, Blair County, ACOE Baltimore District
To construct and maintain a concrete box culvert having a clear span of 14.5 feet on a 56 degree skew with an underclearance of 3.75 feet at the channel of Elk Run (WWF) on SR 1015, Section 01B, Segment 0100, Offset 0000, located about 3 miles southwest of the Village of Ironville (Tipton, PA Quadrangle N: 0.01 inch; W: 0.10 inch) in Tyrone Township, Blair County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E08-399. William Jackson, R. R. 3 Box 401, Troy, PA 16947. Mill Creek Restoration Project Reach 1, in Springfield Township, Bradford County, ACOE Baltimore District (East Troy, PA Quadrangle N: 12.25 inches, W: 8.6 inches).
To construct, operate and maintain a stream restoration project consisting of 3 rock Cross Vanes and 21 rock J-Hook vanes for a distance of 1,930 linear feet. The structures shall be constructed of a durable blocky angular rock measuring a minimum of 2 feet by 2 feet by 2 feet. This reach is the downstream portion of a 3,756 linear foot assessment segment and success of the entire segment is dependent on completion and maintenance of this reach. Allowances for structure placement of 50 linear feet upstream and downstream of the location shown on the drawings are authorized without prior notification to the Department. All modifications beyond those distances shall receive prior authorization by the Department. All structure placement, channel pattern, profile and dimension shall be conveyed on a complete set of as-built drawings within 60 days of project completion.
E08-400. Wilson Leiby, R. R. 3, Box 418, Troy, PA 16947. Mill Creek Restoration Project Reach 2, in Springfield Township, Bradford County, ACOE Baltimore District (East Troy, PA Quadrangle N: 13 inches; W: 8.95 inches).
To construct, operate and maintain a stream restoration project consisting of six rock Cross Vanes and one rock J-Hook vane for a distance of 600 linear feet. The structures shall be constructed of a durable blocky angular rock measuring a minimum of 2 feet by 2 feet by 2 feet. This reach is the downstream portion of a 3,756 linear foot assessment segment and success of the entire segment is dependent on completion and maintenance of this reach. Allowances for structure placement of 50 linear feet upstream and downstream are authorized without prior notification to the Department. All modifications beyond those distances shall receive prior authorization by the Department. All structure placement, channel pattern, profile and dimension shall be conveyed on a complete set of as-built drawings within 60 days of project completion.
E12-133. Cameron County Conservation District, 20 East Fifth Street, Room 105, Emporium, PA 15834. North Creek Bank Stabilization Project, in Shippen Township, Cameron County, ACOE Baltimore District. See description for north and west locations.
To construct, operate and maintain a bank stabilization project that consists of seven sites along the North Creek Watershed and one on site Waldy Run, tributary to North Creek. The eight sites are located in Shippen Township, Cameron County (Rich Valley, PA Quadrangle) and are designated by property owner, which follows: (1) Couchman property, located on Waldy Run (N: 14.5 inches; W: 5.5 inches). Authorized work includes excavate the left bank to a two horizontal to one vertical slope, install biotextile fabric, install live stakes and establish riparian buffer plantings; (2) Russell property, located on North Creek (N: 9.9 inches; W: 4.5 inches). Authorized work includes establish a temporary access road, remove fallen tree across the channel and reuse for root wad armament, remove gravel deposition to a depth equal to normal water elevation and not extending longer than 10 linear feet, install 200 cy of clean fill material on the right bank, install five root wad armament system, install R-5 riprap, install biotextile fabric and live stake plantings on disturbed surfaces; (3) Hudson property, located on North Creek (N: 8.75 inches; W: 4.5 inches). This property is made up of three individual projects. The authorized work of the three projects includes bank excavation, live stakes and riparian plantings, root wad system installation, 13.5 cy of clean fill material, install R-4 riprap and remove the existing stone vanes; (4) Harris property, located on North Creek (N: 7.75 inches; W: 4.1 inches). This property is made up of two individual projects. The authorized work of the two projects includes removal of tree debris, install live stakes and riparian plantings, excavate slope, install R-4 riprap and install root wad system; and (5) Game Commission property is located on North Creek (N: 5.75 inches; W: 3.4 inches). The authorized work includes install access road, install live stakes and riparian plantings, install R-5 riprap and remove and restore access road. All disturbed areas shall be seeded and mulched within 72 hours of final grading, and all work shall be completed from the existing banks with no equipment in the stream channel. This permit was issued under section 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.
E26-302. Fayette County Commissioners, Court House, 61 East Main Street, Uniontown, PA 15401. North Union and Menallen Townships, Fayette County, ACOE Pittsburgh District.
To remove the County Bridge No. 184 and to construct and maintain a bridge having a normal clear span of 36.0 feet and an underclearance of 5.4 feet across Jennings Run (WWF) located on T-719 (Fan Hollow Road) approximately 1.5 miles north of the intersection with SR 40 (New Salem, PA Quadrangle N: 11.85 inches; W: 0.35 inch).
SPECIAL NOTICES
Plan Revision Approval under the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act 101 Southcentral Region: Waste Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
The Department of Environmental Protection (Department) approved the Mifflin County Municipal Waste Plan Revision on March 21, 2003.
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.
The plan revision is a public document and may be viewed at the Department 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 Mark Vottero, Regional Planning and Recycling Coordinator, Bureau of Land Recycling and Waste Management, at the previously noted Regional Office.
Application Period for Municipal Recycling Program Performance Grant Applications under section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988
(Act 101)
Calendar Year 2002 Recycling The Department of Environmental Protection (Department) announces a request for applications from municipalities for recycling performance grant assistance for recycling programs under Act 101. Municipalities include counties, cities, boroughs, incorporated towns, townships, home rule municipalities, councils of governments, consortiums or similar entities established by two or more municipalities under 53 Pa.C.S. Chapter 23, Subchapter A. This application period is for eligible materials recycled and marketed in calendar year 2002.
Municipal recycling program performance grant funds will be awarded to municipalities based upon the weight of source separated recyclable materials identified in section 1501(c)(1)(i) of Act 101 recovered by municipal recycling programs and the population of the municipality as determined by the most recent decennial census. Municipalities will be eligible to receive an award based on a formula of $5 for each Department approved ton of eligible recyclable materials recycled or marketed and $1 per approved ton for each percentage of municipal waste calculated by the Department to be diverted from disposal. The weight of eligible materials allowable from nonresidential (commercial, institutional and municipal) sources under the preceding formula will be limited to no more than the weight of approved eligible materials from residential sources. Department approved materials from nonresidential sources not factored into the preceding formula will be awarded a bonus of $10 per ton. The Department will not award grants calculated to be less than $10.
Applicants that have failed to comply with the conditions set forth in previously awarded grants, the grant requirements of Act 101 or the regulations of Act 101 may not be awarded funds under this grant program. Applicants must ensure that they are in compliance with section 272.314(b)(2) of Act 101.
Eligible materials include post-consumer: clear glass, colored glass, aluminum cans, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, other marketable grades of paper and plastics. Grants will be awarded only for properly documented, eligible materials that were actually marketed on or after January 1, 2002, to and including December 31, 2002. Grant funds will not be awarded for residues, materials not listed as eligible including, but not limited to, leaf and yard wastes or any materials which cannot be documented as being recycled into a new product or use.
Documentation to support all claims that eligible recyclable materials were generated within the municipality and marketed must be made available for auditing by the Department, the Office of the Auditor General, the Office of the Treasurer or agents of those offices for 4 years. The Department will not require applicants to retain hauler customer lists; however, the lists may be required to be examined in the event of an audit. It will be the applicant's responsibility to arrange for hauler customer lists to be provided, or for haulers to be present with their customer lists, during a grant audit. Supporting documentation is not required to be submitted with the application.
Acceptable Supporting Documentation: Weight slips or receipts verifying that the materials were recycled or marketed are required as supporting documentation for the grant application. The documentation must include: (1) the date the materials were recycled/marketed; (2) the type of material recycled/marketed; (3) the name of the municipality where the material was generated; and (4) weight, stated in pounds or tons, of the material recycled/marketed. Documentation supporting materials source separated from municipal waste by commercial/institutional establishments and recycled/marketed must bear the name of the establishment and the municipality where the establishment is located.
Acceptable documentation must be provided in one of the following formats: (1) a dated weight/market receipt identifying the generator of the recyclable materials and the market; (2) a dated report submitted by the hauler or market on company letterhead clearly indicating the name of the company generating the recyclable materials; or (3) a dated report submitted by the generator, which is signed by the hauler or market vendor that received the materials. Reports may be submitted on annual, monthly, weekly or other time period format. Information must be legible.
Estimates of weight will not be accepted except in cases where: (1) the material is packaged in uniform bales and the average weight of a bale can be demonstrated and supported by weight receipts and a record of the number of bales was provided by the market vendors; or (2) when multiple generators contribute to a known quantity of marketed material and the hauler or market estimates the quantities attributable to any individual establishment or municipality and verifies the estimate with a signature.
Although the supporting documentation is not required to be submitted with the grant application, documentation provided must conform to the previous requirements or the materials claimed will not be credited toward the grant award.
Grant applications must be on forms provided by the Department for calendar year 2002. Grant applications must be delivered by 3 p.m. on September 26, 2003, or postmarked on or before that day. Applications received by the Department after the deadline will be returned to the applicant. Grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101 and the availability of moneys in the Recycling Fund.
Municipalities wishing to file an application should contact their county recycling coordinator or the Department at the following address. Applicants who filed a performance grant application for calendar year 2001 will be mailed a current application by the Department as soon as they are available. Applications may also be obtained from the Department's website at www.dep.state.pa.us (direct link ''Recycle''). Inquiries concerning this notice should be directed to Todd Pejack, Bureau of Land Recycling and Waste Management, Department of Environmental Protection, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, tpejack@state.pa.us.
[Pa.B. Doc. No. 03-568. Filed for public inspection March 28, 2003, 9:00 a.m.]
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