[33 Pa.B. 2485]
[Continued from previous Web Page]
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 (73 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.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
35034007. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting in Moosic Borough, Lackawanna County with an expiration date of April 18, 2004. Permit issued May 6, 2003.
45034013. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting in Pocono Township, Monroe County with an expiration date of April 27, 2004. Permit issued May 6, 2003.
45034014. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting in Coolbaugh Township, Monroe County with an expiration date of April 27, 2004. Permit issued May 6, 2003.
09034010. Eastern Blasting Company (1292 Street Road, New Hope, PA 18938), construction blasting in Buckingham Township, Bucks County with an expiration date of November 6, 2003. Permit issued May 6, 2003.
48034012. Rick Rufe Drilling & Blasting (R. R. 6 Box 63608, Saylorsburg, PA 18353) and Austin Powder Company (P. O. Box 289, Northampton, PA 18067), construction blasting in Palmer Township, Northampton County with an expiration date of January 11, 2004. Permit issued May 6, 2003.
23034004. Allan A. Myers, LP (P. O. Box 98, Worcester, PA 19490), construction blasting in Bethel Township, Delaware County with an expiration date of November 28, 2003. Permit issued May 6, 2003.
28034017. J. E. McKeever, Inc./J. E. M. C. O. (3338B Prices Distillery Road, Ijamsville, MD 21754), construction blasting in Greencastle and Antrim Townships, Franklin County with an expiration date of November 28, 2003. Permit issued May 6, 2003.
36034043. Brubacher Excavating, Inc. (P. O. Box 528, 825 Reading Road, Bowmansville, PA 17507), construction blasting in East Cocalico Township, Lancaster County with an expiration date of May 28, 2004. Permit issued May 6, 2003.
40034012. Joe Thomas Construction (57 North Mountain Road, Mountaintop, PA 18707) and Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting in Lehman Township, Luzerne County with an expiration date of June 22, 2003. Permit issued May 8, 2003.
40034011. Joe Thomas Construction (57 North Mountain Road, Mountaintop, PA 18707) and Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting in Lehman Township, Luzerne County with an expiration date of June 14, 2003. Permit issued May 8, 2003.
40034013. Chris Grady, Northeast Blasting (R. R. 6 Box 6692, Honesdale, PA 18431), construction blasting in Kingston Township, Luzerne County with an expiration date of August 31, 2003. Permit issued May 8, 2003.
54034004. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting in Cass, Butler and Foster Townships, Schuylkill County with an expiration date of May 8, 2004. Permit issued May 8, 2003.
52034006. Holbert Explosives, Inc. (237 Masthope Plank Road, Lackawaxen, PA 18435), construction blasting in Milford Township, Pike County with an expiration date of May 24, 2004. Permit issued May 8, 2003.
52034007. Holbert Explosives, Inc. (237 Masthope Plank Road, Lackawaxen, PA 18435), construction blasting in Paupack Township, Pike County with an expiration date of May 24, 2005. Permit issued May 8, 2003.
64034002. Holbert Explosives, Inc. (237 Masthope Plank Road, Lackawaxen, PA 18435), construction blasting in Salem Township, Wayne County with an expiration date of June 24, 2003. Permit issued May 8, 2003.
38034009. Brubacher Excavating, Inc. (825 Reading Road, P. O. Box 528, Bowmansville, PA 17507), construction blasting in Lebanon City, Lebanon County with an expiration date of June 6, 2004. Permit issued May 8, 2003.
38034010. Brubacher Excavating, Inc. (825 Reading Road, P. O. Box 528, Bowmansville, PA 17507), construction blasting in North Cornwall Township, Lebanon County with an expiration date of June 6, 2004. Permit issued May 8, 2003.
23034005. Allan A. Myers, LP (P. O. Box 98, Worcester, PA 19490), construction blasting in Thornbury Township, Delaware County with an expiration date of June 6, 2004. Permit issued May 8, 2003.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
31034002. Confer Construction, R. R. 1, Box 155B, Alexandria, PA 16611, foundation excavation--Ritchey Foundation, 2480 Miller Avenue, Huntingdon, Huntingdon County. Starting date May 1, 2003. Completion date May 31, 2003. Permit issued May 6, 2003.
Hawk Run District Mining Office: Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.
14034005. Paradise Contracting, 223 Paradise Road, Bellefonte, PA 16823 for construction blasting in Ferguson Township, Centre County, with an expected duration of 25 days. Permit issued May 5, 2003.
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 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E05-307: Western Pennsylvania Conservancy, 246 South Walnut Street, Blairsville, PA 15717 in Monroe Township, Bedford County, ACOE Baltimore District.
To construct and maintain agricultural crossings, agricultural ramps and stream bank fencing across various watercourses within the Cove Creek (EV) and Sideling Hill Creek (EV) watersheds in Bedford County to create and/or enhance riparian buffers and improve water quality. The initial phase of the project involves one 12-foot agricultural crossing of an unnamed tributary to Cove Creek (Rainsburg, PA Quadrangle N: 11.66 inches; W: 3.39 inches) in Colerain Township, Bedford County that is waived under 105.12(a)(2) and two 12-foot agricultural crossings of an unnamed tributary to West Branch Sideling Hill Creek (Amaranth, PA Quadrangle N: 13.27 inches; W: 15.23 inches) in Monroe Township, Bedford County. The following potential sites have been identified for future phases: nine locations on unnamed tributaries to Cove Creek (Rainsburg, PA Quadrangle N: 12.23 inches; W: 0.39 inch, N: 11.62 inches; W: 3.57 inches, N: 6.83 inches; W: 4.56 inches, N: 4.84 inches; W: 4.50 inches, N: 5.10 inches; W: 1.75 inches, N: 5.00 inches; W: 1.79 inches) (Clearville, PA Quadrangle N: 11.41 inches; W: 13.04 inches, N: 19.94 inches; W: 7.65 inches, N: 18.02 inches; W: 9.32 inches) in Colerain and Snake Spring Valley Townships, Bedford County; five locations on Cove Creek (Rainsburg, PA Quadrangle N: 5.20 inches; W: 5.59 inches) (Clearville, PA Quadrangle N: 9.53 inches; W: 15.72 inches, N: 8.42 inches; W: 6.69 inches, N: 9.83 inches; W: 14.37 inches, N: 18.91 inches; W: 9.17 inches) in Colerain Township, Bedford County; two locations on unnamed tributaries to West Branch Sideling Hill Creek (Amaranth, PA Quadrangle N: 17.92 inches; W: 3.11 inches, N: 16.31 inches; W: 13.44 inches) in Monroe Township, Bedford County and one crossing of an unnamed tributary to Piney Creek (EV) (Chaneysville, PA Quadrangle N: 16.5 inches; W: 3.8 inches) in Monroe Township, Bedford County. Future phases of this project may also involve watercourses within the Cove Creek and Sideling Hill Creek watersheds that have not yet been identified. The initial phase of this project will result in direct impacts 36 linear feet of stream channel.
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-366. Upper St. Clair Township, 1820 McLaughlin Run Road, Upper St. Clair, PA 15241-2332. Upper St. Clair Township, Allegheny County, Pittsburgh ACOE District (Bridgeville, PA Quadrangle N: 16.0 inches; W: 10.6 inches). The applicant proposes to operate and maintain gabion walls and rock riprap along the banks of McLaughlin Run and the Phase II stream bank stabilization project already constructed under permit E02-366. This amendment will authorize the relocation and maintenance of approximately 600 feet of McLaughlin Run (WWF) using fluvial geomorphology to improve the water quality and habitat and protect McLaughlin Run Road as part of the McLaughlin Run Street Restoration Phase III. The project is on the north side of McLaughlin Run Road, approximately 3,000 feet west of its intersection with Rt. 19.
E02-1419. Frank Ciccanti, 1206 Route 51 South, Jefferson Hills, PA 15025. Jefferson Hills Borough, Allegheny County, Pittsburgh ACOE District (Glassport, PA Quadrangle N: 11.4 inches; W: 8.9 inches). The applicant proposes to remove the existing collapsed 40.0 foot portion of the existing culvert and to construct and maintain a metal arch culvert 40.0 feet in length having a span of 20.1 feet with an underclearance of 9.1 feet in the channel of and across Lewis Run (TSF) for the purpose of repairing Ciccanti's Ristorante parking lot. The project is on the west side of SR 51, approximately 375.0 feet south from the intersection of Coal Valley Road and SR 51. The project proposes to impact 40.0 linear feet of stream channel.
E04-289. City of Aliquippa, 581 Franklin Avenue, Aliquippa, PA 15001-3727. City of Aliquippa Spring Street Culverts, City of Aliquippa, Beaver County, Pittsburgh ACOE District (Aliquippa, PA Quadrangle N: 19.2 inches; W: 0.5 inch). The applicant proposes to operate and maintain an existing 60-inch culvert approximately 50 feet long and to construct and maintain a headwall with a grouted R-4 riprap wing walls on the upstream end of the culvert in a tributary to Logtown Run (WWF). The culvert is along Spring Street approximately 1,000 feet south of its intersection with Franklin Avenue. To remove an existing structure, to construct and maintain a box culvert with baffles having a span of 8 feet and rise of 4 feet, depressed 1 foot, approximately 42 feet long with headwalls and grouted R-4 riprap wing walls on the upstream and downstream ends in the same tributary to Logtown Run. The culvert is along Spring Street approximately 2,400 feet south of its intersection with Franklin Avenue. This project is a part of a FEMA-funded stormwater improvement project.
E26-303. Georges Township Board of Supervisors, 1151 Township Drive, Uniontown, PA 15425. Georges Township East Elm Street Bridge, Georges Township, Fayette County, Pittsburgh ACOE District (Brownfield, PA Quadrangle N: 13.5 inches; W: 16.0 inches). The applicant proposes to remove the existing bridge deck and beams and to construct and maintain a superstructure on the existing abutments and other activities as follows: (1) repair the scour holes and abutments; and (2) install and maintain 20-linear feet of riprap rocks for bank protection at the upstream of the structure. The bridge has an upstream span of 10 feet and downstream span of 14 feet and an underclearance of 5.1 feet across an unnamed tributary to Georges Creek (WWF). The structure is on East Elm Street, approximately 2,000 feet east of North Main Street.
E65-802. Robert N. Banner, R. D. 1, Box 211D (Shady Lane), Latrobe, PA 15650. Robert Banner Residential Culvert, Mt. Pleasant Township, Westmoreland County, Pittsburgh ACOE District (Mammoth, PA Quadrangle N: 14.8 inches; W: 6.7 inches). The applicant proposes to operate and maintain a 20-foot long, 95-inch by 67-inch C. M. arch pipe and 6 feet of gabion baskets along the stream bank, both upstream and downstream of the pipe, in an unnamed tributary to Welty Run (HQ-CWF) on an existing driveway. The project is at a point approximately 100 feet south of T-493 (Shady Lane).
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E24-231, Mosquito Creek Sportsman Association, P. O. Box 218, Frenchville, PA 16836. Mosquito Creek Sportsman Association--Mosquito Creek Restoration/Abatement: Pebble Run Project, in Benezette, Elk County, ACOE Baltimore District (Dents Run, PA Quadrangle N: 1.8 inches; W: 7.6 inches).
The applicant proposes to construct, operate and maintain a vertical flow wetland system in and along Pebble Run (HQ-CWF, perennial) for alkaline addition to abate acid precipitation. The vertical flow wetland system shall be constructed with: (1) a water intake structure in the channel of Pebble Run; (2) a 3-foot high concrete dam across the waterway and a 6-inch diameter supply temporarily impacting 0.006 acre of exceptional value PSS wetlands; (3) an earthen embankment wetland cell; and (4) a broad-based, rock-lined outlet channel to within 50 feet of the waterway. The project proposes to temporarily affect 0.006 acre of exceptional value PSS wetlands.
E61-256, OMG Americas, Inc., Two Mile Run Road, Franklin, PA 16323. OMG Franklin Plant Race Run Channel Restoration, in Sugarcreek Borough, Venango County, ACOE Pittsburgh District (Franklin, PA Quadrangle N: 7.0 inches; W: 6.6 inches).
To excavate and maintain a 45-foot long sediment basin within the channel immediately downstream of Two Mile Run Road and to excavate and stabilize a total reach of approximately 215 feet of a tributary to Two Mile Run (Race Run) beginning at the existing pedestrian bridge approximately 210 feet downstream of the culvert under Two Mile Run Road and extending downstream between Two Mile Run Road and the OMG Franklin Plant facility approximately 2,200 feet north of SR 62.
Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E15-706. Open Land Conservancy of Chester, P. O. Box 1031, Paoli, PA 19301, Tredyffrin Township, Chester County, ACOE Philadelphia District.
To construct and maintain a timber footbridge measuring approximately 6 feet wide and 31 feet long across Cedar Hollow Run (EV-CWF) for the purpose of connecting two nature trails at a Nature Preserve (Malvern USGS Quadrangle N: 12.7 inches, W: 2.7 inches).
Northeast Region:, Soils and Waterways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E35-356. Department of General Services, Bureau of Engineering and Architecture, Tent Building, 18th and Herr Streets, Harrisburg, PA 17125. City of Scranton, Lackawanna County, Army Corps of Engineers Baltimore District.
To authorize the following activities associated with the Meadow Brook Flood Control Project (DGS 184-22) in and along a 3,524-foot reach of Meadow Brook (CWF, intermittent):
1. To remove the existing culverts and stream enclosures along 3,524 feet of Meadow Brook.
2. To construct and maintain a 16-foot long concrete transition structure between the existing culvert and a 10-foot wide by 7-foot high concrete box stream enclosure.
3. To construct and maintain a 1,806-foot long concrete box stream enclosure having cell dimensions of 10-foot wide by 7-foot high.
4. To construct and maintain a 231-foot long concrete U-channel having dimensions of 10-foot wide by 7-foot high.
5. To construct and maintain a 14-foot long transition structure between the 10-foot wide by 7-foot high concrete U-channel and a 10.5-foot diameter concrete pipe stream enclosure.
6. To construct and maintain a 360-foot long, 10.5-foot diameter concrete pipe stream enclosure.
7. To construct and maintain a 22-foot long transition structure between the 10.5-foot diameter concrete pipe stream enclosure and a 12-foot wide by 8.5-foot high concrete box culvert.
8. To construct and maintain a 186-foot long concrete box stream enclosure having cell dimensions of 12-foot wide by 8.5-foot high.
9. To construct and maintain a 22-foot long transition structure between the 12-foot wide by 8.5-foot high concrete box culvert and a 12-foot diameter concrete pipe stream enclosure.
10. To construct and maintain an 814-foot long, 12-foot diameter concrete pipe stream enclosure with concrete endwall and 53-foot long R-7 grouted rip-rap apron at the downstream end.
11. To construct and maintain various stormwater outfall penetrations varying in size from 18-inch diameter to 48-inch diameter, in and along the flood protection project.
The project begins at a point approximately 180 feet upstream of Green Ridge Street (Scranton, PA Quadrangle N: 9.5 inches; W: 3.2 inches) and extends 3,524 feet downstream to Meadow Brook's confluence with the Lackawanna River (Scranton, PA Quadrangle N: 9.0 inches; W: 4.6 inches) in the City of Scranton, Lackawanna County) (Subbasin 5A).
E39-415. Robert Susko, 1664 Penns Crossing, Allentown, PA 18104. City of Allentown, Lehigh County, Army Corps of Engineers Philadelphia District.
To construct and maintain a 27-inch diameter concrete outfall structure with a 10-foot wide by 16-foot long rip-rap apron in the floodway of Little Lehigh Creek (HQ-CWF, perennial), associated with the construction of a residential subdivision known as Estates at Fish Hatchery. The project is adjacent to Fish Hatchery Road (SR 2010) approximately 0.75 mile east of its intersection with SR 0029 (Allentown West, PA Quadrangle N: 11.9 inches; W: 0.6 inch) Subbasin 2C.
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
EA36-006: Lancaster County Conservation District, Room 6, 1383 Arcadia Road, Lancaster, PA 17601 in East Hempfield Township, Lancaster County, ACOE Baltimore District.
To construct and maintain a stream restoration project consisting of: bank regarding, placement of rock vanes, log vanes, root wads, in-stream boulders, riparian plantings and streambank fencing, all for the purpose of enhancing bank stability and improving aquatic habitat within a 0.7 mile section of Swarr Run (TSF) beginning immediately downstream of the SR 722 bridge (Lancaster, PA Quadrangle N: 15.1 inches; W: 0.9 inch) in East Hempfield Township, Lancaster County.
EA5513-018. Spring Township, P. O. Box 12, Railroad Avenue, Beaver Springs, PA 17812-0012. Spring Township, Snyder County, ACOE Baltimore District.
Project proposes to breach and remove an unnamed mill dam across Beaver Creek (CWF) for the purpose of restoring the stream to a free flowing condition. The dam is approximately 800 feet south of the intersection of SR 0235 and T586 (Beavertown, PA Quadrangle N: 0.15 inch; W: 12.15 inches).
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
EA32-004SW. Blackleggs Creek Watershed Association, P. O. Box 59, Saltsburg, PA 15725-0059. Conemaugh Township, Indiana County, Pittsburgh ACOE District (Avonmore, PA Quadrangle N: 8.9 inches; W: 5.65 inches). The applicant proposes to construct and maintain a limestone pond in a reported 0.05 acre of wetland (PEM/PSS/PFO) and a treatment wetland within the floodway of approximately 650 feet of an unnamed tributary to Big Run (CWF) and associated outfall structures, for the purpose of treating an acid mine discharge that will be rethrough a utility line stream crossing of Big Run into the aforementioned treatment facilities. The project is near the intersection of Elders Ridge Road (SR 3019) with Sportsmans Road (TR 304). This approval includes 401 Water Quality Certification.
SPECIAL NOTICES
Extension of Submission Deadline for Application for Reimbursement for Certified Host Municipality Inspectors under Act 101 (section 1102), the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 and Act 108 (section 304) and the Hazardous Sites Cleanup Act of 1988 The Department of Environmental Protection (Department) announces an extension of the submission deadline for 2002 Host Municipality Inspector Program Reimbursement applications to May 30, 2003. Reimbursements are available to municipalities under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) and the Hazardous Sites Cleanup Act (Act 108). Municipalities include cities, boroughs, incorporated towns, townships and home rule municipalities.
Reimbursements are all from the Recycling Fund authorized under Act 101 for municipal waste facilities or from the Hazardous Sites Cleanup Fund under Act 108 for hazardous waste facilities. Reimbursements are available to any municipality that has a municipal waste landfill, resource recovery or commercial hazardous waste storage, treatment and disposal facilities within its geographic borders. Upon application from any host municipality, the Department shall award reimbursements for authorized costs incurred for the salary and expenses of up to two certified host municipality inspectors. The reimbursement shall not exceed 50% of the approved costs of salaries and expenses. Reimbursement is available only for host municipality inspectors trained and certified by the Department.
The application for reimbursement contains tables for specifying the itemized expenses for certified inspectors and for calculating the total reimbursement request. Complete instructions are included with the application, which is being distributed to all municipalities that have participated in the program. Municipalities that do not receive, but require an application, or persons who have questions about this program should contact the Program Development Section, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, P. O. Box 8471, Harrisburg, PA 17105-8471, (717) 787-9870, www.dep.state.pa.us, PA Keyword ''Municipal Waste.''
The deadline for submitting applications is extended to 4:30 p.m. on May 30, 2003. Applications received by the Department after the deadline will not be considered.
BUREAU OF DEEP MINE SAFETY
Approval of Request for Variance The Department of Environmental Protection (Department), Bureau of Deep Mine Safety (Bureau) has approved Black Wolf Mining Company's request for a variance from the requirements of section 224(b) of the Pennsylvania Bituminous Coal Mine Act (act) at the Quecreek Mine. This notification contains a summary of this request and the basis for the Department's approval. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the Bureau website at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
Summary of the Request: Black Wolf Mining Company requested a variance from section 224(b) of the act to utilize horizontal longhole drilling at the Quecreek Mine to meet the drilling requirements of the act. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 224(b) of the act.
The basis for the Bureau's approval is summarized as follows:
1. The long horizontal borehole method proposed in lieu of the requirements set forth in section 224 of the act is a proven technology that has been used successfully at other underground mines in this Commonwealth.
2. The long horizontal borehole method proposed is much less labor intensive and provides much less exposure to lifting and strain type injuries by not having to handle and use hand-held drills and steels. By mining normal depth cuts, the work force will be subjected to less risk associated with equipment place changes, rather than mining the outside entry 8 feet at a time.
3. Black Wolf's proposed long horizontal borehole method provides a greater margin of safety for the protection of miners from contacting the abandoned mine over the requirements of section 224 of the act.
4. The long horizontal boreholes will provide a quicker method to close the borehole in the event of contacting the abandoned mine by closing the valve at the end of the pipe grouted in the rib and will be more suitable for grouting, if needed.
5. The long horizontal borehole will provide a much larger area of coverage for protecting the workers against accidentally mining into the abandoned mine.
This approval is limited to the alternate method to drill test holes as required in section 224(b) of the act. Continued authorization for operation under the approval is contingent upon compliance with the measures described in Quecreek Mine's plan. Whenever the long horizontal drillhole method is employed, the operator must tag the top and bottom of the coal seam to provide greater coverage within the coal seam.
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.
[Pa.B. Doc. No. 03-986. Filed for public inspection May 23, 2003, 9:00 a.m.]
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