[33 Pa.B. 5428]
[Continued from previous Web Page]
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 3
The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Provisions of 25 Pa. Code § 250.8 and the administration of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of its final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the act for compliance with selection of remediation to a Site-Specific Standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, contact the environmental cleanup program manager in the Department regional office after which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department has received the following plans and reports:
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
JMH Property, Wyomissing Borough, Berks County. ARCADIS G & M, Inc., 3000 Cabot Boulevard West, Suite 3004, Langhorne, PA 19047 on behalf of JMH, Inc., 200 North Park Road, Suite 400, Wyomissing, PA 19610-2908, submitted a combined Remedial Investigation and Final Report concerning the remediation of site soils contaminated with PAHs and groundwater contaminated with chlorinated solvents, metals, lead and PAHs. The combined remedial investigation and Final Report demonstrated attainment of the Statewide Health and the Site-Specific Standards and was approved by the Department on October 15, 2003.
Penn Fuel Gas Lewistown, Lewistown Borough, Mifflin County. Corporate Environmental Solutions, LLC, 260 Millers Run Road, Bridgeville, PA 15017, on behalf of PPL Services Corporation, 2 North Ninth Street, Allentown, PA 18101, submitted a Final Report concerning the remediation of site soils and groundwater contaminated with heavy metals, BTEX, PAHs, phenol compounds and cyanide. The Final Report demonstrated attainment of both the Site-Specific Standard and the Nonresidential Statewide Health Standard and was approved by the Department on October 16, 2003.
W. R. Meadows, Inc., West Manchester Township, York County. Conestoga-Rovers & Associates, 1801 Old Highway 8 N. W., Suite 114, Saint Paul, MN 55112, on behalf of W. R. Meadows, 2100 Monroe Street, York, PA 17404, submitted a Final Report concerning remediation of site soils and groundwater contaminated with PHCs. The final report demonstrated attainment of the Site-Specific Standard and was approved by the Department on October 20, 2003.
HAZARDOUS WASTE TRANSPORTER LICENSE
Actions on applications for hazardous waste transporter license received under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) and regulations to transport hazardous waste.
Central Office: Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, P. O. Box 8471, Harrisburg, PA 17105-8471.
Hazardous Waste Transporter License Renewed
Action Resources, Inc., 355 County Road 513, Hanceville, AL 35077. License No. PA-AH 0650. Effective September 29, 2003.
AERC.Com, Inc., 2591 Mitchell Avenue, Allentown, PA 18103-6609. License No. PA-AH 0687. Effective October 15, 2003.
Emerald Environmental Services, Inc., 1621 St. Clair Avenue, Kent, OH 44240. License No. PA-AH 0641. Effective October 17, 2003.
Lacy's Express, Inc., P. O. Box 130, Pedricktown, NJ 08067. License No. PA-AH 0243. Effective October 20, 2003.
Midwest Environmental Transport, Inc., 10163 Cincinnati-Dayton Road, Cincinnati, OH 45241. License No. PA-AH 0368. Effective September 22, 2003.
Republic Services of South Carolina, LLC, P. O. Box 62679, North Charleston, SC 29419. License No. PA-AH 0542. Effective September 24, 2003.
Vernon Milling Company, Inc., P. O. Box 1617, Vernon, AL 35592. License No. PA-AH 1640. Effective October 14, 2003.
INFECTIOUS AND CHEMOTHERAPEUTIC WASTE TRANSPORTER LICENSE
Infectious and Chemotherapeutic Waste Transporter License actions taken under the Solid Waste Management (35 P. S. §§ 6018.101--6018.1003) and the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. §§ 6019.1--6019.6) and regulations to transport infectious and chemotherapeutic waste.
Central Office: Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, P. O. Box 8471, Harrisburg, PA 17105-8471.
Infectious and Chemotherapeutic Waste Transporter License Voluntarily Terminated
DelVecchio Transport & Materials Handing, Inc., P. O. Box 480, Dunmore, PA 18512-1480. License No. PA-HC 0333. Effective July 1, 2003.
Douglas Brothers, Inc., R. R. 1 Box 42, Wolcott Hollow Road, Athens, PA 18810. License No. PA-HC 0617. Effective September 24, 2003.
MUNICIPAL WASTE GENERAL PERMITS
Permit Issued under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and municipal waste regulations for a general permit to operate municipal waste processing facilities and the beneficial use of municipal waste.
Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.
General Permit Application No. WMGM023. Keystone Custom Homes, 214-A Willow Valley Lake Drive, Willow Street, PA 17584 for the processing and beneficial use of gypsum board from new home construction as an onsite soil amendment. The general permit was issued by Central Office on October 14, 2003.
MUNICIPAL AND RESIDUAL WASTE TRANSPORTER AUTHORIZATION
Issued applications for Municipal and Residual Waste Transporter Interim Authorization received under the Waste Transportation Safety Act (27 Pa.C.S. §§ 6201--6209) and regulations to transport municipal or residual waste.
Central Office: Bureau of Land Recycling and Waste Management, Division of Municipal and Residual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472.
Roque Alberta Burga, 470 Lorette Ave., Coral Gables, FL 33146. Authorization No. WH4863. Effective October 14, 2003.
DEC Construction Inc., 38 East Bridge St., Morrisville, PA 19067. Authorization No. WH5235. Effective October 14, 2003.
Picozzi Tri-Axle Service Inc., Box 79, 52 Camp Road, Tremont, PA 17981-1904. Authorization No. WH5384. Effective October 14, 2003.
JRL Backhoe & Hauling Service, 1241 5th St., Whitehall, PA 18052. Authorization No. WH5386. Effective October 14, 2003.
Zubowicz Building, 279 Wagner Bridge Road, Catawissa, PA 17820-9567. Authorization No. WH5388. Effective October 14, 2003.
Zaid C. Mendez, 230 East 21st St., Paterson, NJ 07513. Authorization No. WH5389. Effective October 14, 2003.
Terry L. Stoner Trucking, 1161 South Main St., Chambersburg, PA 17201-8674. Authorization No. WH5390. Effective October 14, 2003.
LBF Transportation Inc., Suite 13, 1533 SW 1st Way, Deerfield Beach, FL 33441-6779. Authorization No. WH5391. Effective October 14, 2003.
Dennis C. Bishop and Patricia Shallo, 112 Zenith Road, Nescopeck, PA 18635. Authorization No. WH5392. Effective October 14, 2003.
Jagdeep Singh, 76-37 270 St., New Hyde Park, NY 11040. Authorization No. WH5393. Effective October 14, 2003.
Robert Moyer, 517 McClelland St., Portage, PA 15946. Authorization No. WH5395. Effective October 14, 2003.
Bruce G. Dreisbach Contracting, 1377 Pugy Lane, Bethlehem, PA 18015. Authorization No. WH5397. Effective October 14, 2003.
Wilfrido I. Vega, 63 Mott St., Newark, NJ 07105. Authorization No. WH5398. Effective October 14, 2003.
Montana Transport Inc., 243 Jewett Ave., Jersey City, NJ 07304. Authorization No. WH5399. Effective October 14, 2003.
Anthony Greskewicz, 54 West Saylor Ave., Plains, PA 18702. Authorization No. WH5402. Effective October 14, 2003.
Mark A. Miraglia, 7 Driftwood Drive, Plains, PA 18705. Authorization No. WH5403. Effective October 14, 2003.
Truckit Co., LLP, Route 2 Box 221C, Keyser, WV 26726. Authorization No. WH5394. Effective October 15, 2003.
Roaring Fork Excavating, 3145 Dark Shade Dr., Windber, PA 15963. Authorization No. WH5396. Effective October 15, 2003.
J G W Trucking Corp., Suite 142, 192 Wilson Ave., Newark, NJ 07105. Authorization No. WH5400. Effective October 15, 2003.
Geiser Enterprise, P. O. Box 462, New Berlin, PA 17855-0462. Authorization No. WH5408. Effective October 15, 2003.
Donald Swift Trucking, Box 101, Rixford, PA 16745. Authorization No. WH5409. Effective October 15, 2003.
MC Trucking, 40 Hurden St., Hillside, NJ 07205. Authorization No. WH5410. Effective October 15, 2003.
Castillo Trucking, Apt. 8, 1791 Chester Road, Bethlehem, PA 18017. Authorization No. WH5411. Effective October 15, 2003.
Eric Town Enterprise t/a A & L septic Services, 1376 Route 38, P. O. Box 627, Mt Holly, NJ 08060. Authorization No. WH5412. Effective October 15, 2003.
David McClamy, 16 Birch St., Lakewood, NJ 08701. Authorization No. WH5428. Effective October 16, 2003.
Ken Rauch Excavating, R. R. 1 Box 53A, Montrose, PA 18801. Authorization No. WH5437. Effective October 17, 2003.
Oscar Vartanian d/b/a Vroom Trucking, 60 Morningside Avenue, Keansburg, NJ 07734. Authorization No. WH5128. Effective October 17, 2003.
Alfieri Scrap Metal Company, Inc., P. O. Box 385, North Huntingdon, PA 15642-0385. Authorization No. WH5131. Effective October 16, 2003.
AIR QUALITY
General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Edward Brown, Facilities Permitting Chief, (610) 832-6242.
09-323-006GP: Greif Containers Inc. (695 Louis Dr., Warminster, PA 18974) on October 15, 2003, for a natural gas burn-off oven in Warminster Township, Bucks County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact: Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.
GP6-07-03011: Stevenson's, Inc. (2501 Eighteenth Street, Altoona, PA 16601) on October 14, 2003, was authorized to operate petroleum dry cleaning under GP6 in Logan Township, Blair County.
Plan Approvals Issued under the Air Pollution Control Act and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact: Ronald Davis, New Source Review Chief, (717) 705-4702.
31-03032: Glenn O. Hawbaker, Inc. (711 East College Avenue, Bellefonte, PA 16823) on October 14, 2003, for construction of a limestone crushing and screening plant at their Canoe Valley Aggregate Facility in Morris Township, Huntingdon County. This facility is subject to 40 CFR Part 60, Subpart OOO--Standards of Performance for Nonmetallic Mineral Processing Plants.
36-05082B: Clark Filter (3649 Hempland Road, Lancaster, PA 17601) on October 10, 2003, for construction of a curing oven and installation of a catalytic oxidizer in West Hempfield Township, Lancaster County.
36-05128A: Compass Quarries, Inc. (47 McIlvaine Road, Paradise, PA 17562) on October 10, 2003, for modifications that include burning of waste derived fuels in their stone dryer and the addition of three nonmetallic conveyors for their facility in Paradise Township, Lancaster County. This facility is subject to 40 CFR Part 60, Subpart OOO--Standards of Performance for Nonmetallic Mineral Processing Plants.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact: William Charlton, New Source Review Chief, (412) 442-4174.
03-00229C: Rosebud Mining Co. (301 Market Street, Kittanning, PA 16201) on October 16, 2003, for construction and installation of a new coal crusher and an air jig equipment system, including an underground coal loadout facility to the existing coal preparation plant. Emissions from the new air jig facility will be controlled by a fabric dust collection system or baghouse.
65-00837B: Dominion Transmission, Inc. (625 Liberty Avenue, Pittsburgh, PA 15222) on October 14, 2003, for modification and installation of air cleaning devices on 12 2,500 Bhp Cooper Bessemer natural gas-fired, stationary, reciprocating IV engines at Oakford Compressor Station in Salem Township, Westmoreland County.
32-00371A: Blairsville Wilbert Vault Co., Inc. (P. O. Box 7, Blairsville, PA 15717) on October 15, 2003, for installation of a multiple chambered gas-fired crematory incinerator at Blairsville Wilbert Vault in Blairsville, Indiana County.
56-00011B: New Enterprise Stone and Lime Co., Inc. (P. O. Box 77, New Enterprise, PA 16664) on October 16, 2003, for installation of an additional Nonmetallic Mineral Processing Plant at Central City Sand Plant in Shade Township, Somerset County.
04-00707C: Colona Transfer, LP (P. O. Box 311 Currie Road, Portersville, PA 16051) on October 2, 2003, for construction of a new bridge crane system with a clam shell bucket for off-loading barges at Colona Dock in Monaca Borough, Beaver County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Contact: Devendra Verma, New Source Review Chief, (814) 332-6940.
37-307B: Slippery Rock Salvage (214 Gardner Avenue, New Castle, PA 16101) on October 1, 2003, for modifications to the cutting tables in New Castle, Lawrence County.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104; Contact: Thomas Barsley, Chief, (215) 685-9428.
AMS 03039: City of Philadelphia--Northeast Water Pollution Control Plant (3899 Richmond Street, Philadelphia, PA 19137) was authorized to replace the aeration system in the aeration tanks in Philadelphia, Philadelphia County.
AMS 03053: Mutual Pharmaceutical Co., Inc. (1100 Orthodox Street, Philadelphia, PA 19124) was authorized to install ten electric dryers and a catalytic oxidizer in Philadelphia, Philadelphia County.
Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.13, 127.13a and 127.32.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Thomas McGinley, New Source Review Chief, (610) 832-6242.
15-0104A: Tasty Baking Oxford, Inc. (700 Lincoln Street, Oxford, PA 19363) on October 15, 2003, for operation of the lines 1--3 fryer in Oxford Borough, Chester County.
46-0062: Jefferson Smurfit Corp. US (500 Church Road, North Wales, PA 19454) on October 15, 2003, for operation of a thermal oxidizer in Upper Gwynedd Township, Montgomery County.
46-0037K: Cabot Supermetals (County Line Road, Boyertown, PA 19512) on October 15, 2003, for operation of a dust collector in Douglass Township, Montgomery County.
23-0066A: PyroPure, Inc. t/a Pyromet (5 Commerce Drive, Aston, PA 19014) on October 15, 2003, for operation of three crucible and three rotary furnaces in Chester Township, Delaware County.
23-0006D: Foamex LP (1500 East 2nd Street, Eddystone, PA 19022) on October 15, 2003, for operation of a thermal reticulator in Eddystone Borough, Delaware County.
46-0037D: Cabot Supermetals (County Line Road, Boyertown, PA 19512) on October 15, 2003, for operation of production of Ta and Nb products in Douglass Township, Montgomery County.
09-0123: Better Materials Corp. (262 Quarry Road, Ottsville, PA 18972) on October 15, 2003, for operation of a batch asphalt plant in Nockamixon Township, Bucks County.
46-0036A: Visteon Systems LLC (2750 Morris Road, Lansdale, PA 19446) on October 15, 2003, for operation of an urea selective catalytic reduction in Worcester Township, Montgomery County.
46-0036G: Visteon Systems LLC (2750 Morris Rd., Lansdale, PA 19446) on October 17, 2003, for operation of a selective solder no. 10 in Worcester Township, Montgomery County.
46-0036F: Visteon Systems LLC (2750 Morris Road, Lansdale, PA 19446) on October 17, 2003, for operation of a wave solder no. 13 in Worcester Township, Montgomery County.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Contact: Mark Wejkszner, New Source Review Chief, (570) 826-2531.
48-315-004: Newstech PA LP (6 Horwith Drive, Northampton, PA 18067) for modification of a pulp forming and drying operation and associated air cleaning device at the facility in Northampton Borough, Northampton County. The Plan Approval is being extended.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact: William Charlton, New Source Review Chief, (412) 442-4174.
63-307-027: American Iron Oxide Production (Foster Plaza, No. 7, 661 Andersen Drive, Pittsburgh, PA 15220) on October 14, 2003, for construction of an Iron Oxide Plant in Allenport Borough, Washington County. This plan approval was extended.
Title V Operating Permits Issued under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Edward Brown, Facilities Permitting Chief, (610) 832-6242.
09-00016: Exelon Generation Co. (955 River Road, Bristol, PA 19007) on October 14, 2003, for operation of a Facility Title V Operating Permit in Bristol Township, Bucks County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact: Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.
05-05021: Creative Pultrusions, Inc. (214 Industrial Lane, Alum Bank, PA 15521-0006) on October 9, 2003, for operation of a fiberglass reinforced plastic pultrusion operation and a chrome electroplating operation facility in West Saint Clair Township, Bedford County. This is a renewal of the operating permit.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Contact: Eric Gustafson, Facilities Permitting Chief, (814) 332-6940.
10-00266: Resolite--A Division of Stabilit America, Inc. (100 Perry Highway, Zelienople, PA 16063) on October 7, 2003, for reissuance of a Title V Permit to operate a laminated plastics, plate and sheet manufacturing facility in Jackson Township, Butler County. The facility's major emission sources include continuous lamination line and seven zone ovens, plant-wide solvent clean up, resin storage tanks, methyl methacrylate storage tank, solvent blend storage-MEK, Xylene mix and miscellaneous natural gas usage. The facility is a major facility due to its potential to emit of VOCs and Styrene.
Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Edward Brown, Facilities Permitting Chief, (610) 832-6242.
46-00052: Pottstown Memorial Medical Center (1600 East High Street, Pottstown, PA 19464) on October 14, 2003, for operation of a synthetic minor operating permit in Pottstown Borough, Montgomery County.
09-00090: Messer Griesheim Industries Inc. (1 Steel Road East, Morrisville, PA 19067) on October 16, 2003, for operation of a natural minor operating permit in Falls Township, Bucks County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact: Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.
06-03004: Metropolitan Edison Co. (P. O. Box 16001, Reading, PA 16001) on October 16, 2003, to operate an electric services facility, which operates five emergency generators in Muhlenberg Township, Berks County.
06-03120: Memorial Park for Pets (57 Host Road, Womelsdorf, PA 19567) on October 14, 2003, to operate a pet crematory in Tulpehocken Township, Berks County. This is Revision 1 of the operating permit.
22-03013: Pinnacle Health Hospital (205 S. Front Street, Harrisburg, PA 17110) on October 16, 2003, to operate boilers (natural gas or no. 2 oil fired) and emergency generators (no. 2 oil fired) at the Harrisburg Hospital in the City of Harrisburg, Dauphin County.
36-05106: Premier Custom Built, Inc. (110 Short Street, New Holland, PA 17557) on October 9, 2003, to operate their wood furniture surface coating facility in East Earl Township, Lancaster County.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact: Mark Wayner, Facilities Permitting Chief, (412) 442-4174.
63-00624: Golden Eagle Construction Co. (P. O. Box 945, Uniontown, PA 15401) on September 18, 2003, to operate an asphalt plant at Eighty-Four in North Strabane Township, Washington County. This is a Synthetic Minor Facility.
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); 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 Permit Actions
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
10803018. Western Hickory Coal Co. Inc. (R. R. 2, Box 2139, Wampum, PA 16157). Revision to an existing bituminous strip and auger operation to add coal ash placement in Venango Township, Butler County affecting 509.9 acres. Receiving streams: three unnamed tributaries of Seaton Creek and two unnamed tributaries to Little Scrubgrass Creek. Application received February 25, 2003. Permit issued October 15, 2003.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
56010107 and NPDES Permit No. PA0249114. Marquise Mining Corporation, 3389 Menoher Blvd., Johnstown, PA 15905. For a new permit, for discharge of treated mine drainage, for commencement, operation and restoration of a bituminous surface mine in Shade Township, Somerset County, affecting 74.3 acres. Receiving streams: Fallen Timber Run (CWF). The first downstream potable water supply intake from the point of discharge is Hooversville Borough. Application received December 3, 2001. Permit issued October 16, 2003.
Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.
02930201 and NPDES Permit No. PA0200344. Allegheny Valley Resources, Inc. (623 West Waldheim Road, Pittsburgh, PA 15216-1846). Permit renewal issued for continued reclamation only of a bituminous coal refuse reprocessing facility in West Deer Township, Allegheny County, affecting 56.0 acres. Receiving streams: Little Deer Creek and an unnamed tributary to Little Deer Creek. Application received September 8, 2003. Renewal issued October 17, 2003.
Hawk Run District Mining Office: Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.
17020115 and NPDES Permit No. PA0243370. Hepburnia Coal Company, P. O. Box I, Grampian, PA 16838. Commencement, operation and restoration of a bituminous surface mine-auger permit in Ferguson Township, Clearfield County affecting 69 acres. Receiving streams: not applicable for treatment facilities and sediment ponds. The permittee will use nondischarge alternatives. Application received October 9, 2002. Permit issued October 10, 2003.
17860123 and NPDES Permit No. PA0115436. Renewal of an exiting bituminous surface mine-auger permit in Knox, Ferguson and Jordan Townships, Clearfield County affecting 291 acres. Receiving streams: to unnamed tributaries to McNeel Run to Gazzam Run and to Carson Run to Little Clearfield Creek to Clearfield Creek to West Branch of the Susquehanna River. Application received June 9, 2003. Permit issued October 10, 2003.
Noncoal Permit Actions
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
64030809. Rowe Brothers (R. R. 2, Honesdale, PA 18431-9802), commencement, operation and restoration of a quarry operation in Cherry Ridge Township, Wayne County affecting 5.0 acres, receiving stream: tributary to Lackawaxen River. Application received August 12, 2003. Permit issued October 9, 2003.
60840401C8 and NPDES Permit No. PA0614181. Eastern Industries, Inc. (4401 Camp Meeting Road, Suite 200, Center Valley, PA 18034-9454), renewal of NPDES Permit for discharge of treated mine drainage in Buffalo Township, Union County, receiving stream: Buffalo Creek. Application received August 26, 2003. Renewal issued October 15, 2003.
58030801. Willard S. Docktor (R. R. 3 Box 155, Meshoppen, PA 18630), commencement, operation and restoration of a quarry operation in Auburn Township, Susquehanna County affecting 5.0 acres, receiving stream: tributary to Little Meshoppen Creek. Application received April 7, 2003. Permit issued October 16, 2003.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
43940802. Vernam Excavating 7 Construction (224 Clark Road, Jackson Center, PA 16133). Final bond release for a small noncoal mining operation in Jackson Township, Mercer County. Restoration of 1 acre completed. Receiving streams: unnamed tributary to Yellow Creek (TSF). Application received July 8, 2003. Final bond release approved October 10, 2003.
Hawk Run District Mining Office: Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.
17032801. Swisher Contracting, Inc., P. O. Box 1223, Clearfield, PA 16830. Commencement, operation and restoration of a Small Industrial Minerals (Shale) permit in Lawrence Township, Clearfield County affecting 6.5 acres. Receiving streams: unnamed tributaries to Clearfield Creek. Application received May 21, 2003. Permit issued October 10, 2003.
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.
39034014. Clair Stahley, Inc. (P. O. Box 526, Orefield, PA 18069-0526) and Austin Powder Co. (P. O. Box 289, Northampton, PA 18067), construction blasting at Timber Ridge Extension in Whitehall Township, Lehigh County with an expiration date of November 7, 2004. Permit issued October 14, 2003.
35034019. Fabcor, Inc. (1205 Mid Valley Drive, Jessup, PA 18434) and Austin Powder Co. (P. O. Box 289, Northampton, PA 18067), construction blasting at Glen Mara in Moosic Borough, Lackawanna County with an expiration date of November 7, 2004. Permit issued October 14, 2003.
35034020. Fabcor, Inc. (1205 Mid Valley Drive, Jessup, PA 18434) and Austin Powder Co. (P. O. Box 289, Northampton, PA 18067), construction blasting at Meadow Avenue Sewer Project in the City of Scranton, Lackawanna County with an expiration date of November 7, 2004. Permit issued October 14, 2003.
35034021. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Mt. Margaret Estates in Dunmore Borough, Lackawanna County with an expiration date of September 26, 2005. Permit issued October 14, 2003.
09034026. Brubacher Excavating, Inc. (P. O. Box 528, 825 Reading Road, Bowmansville, PA 17507), construction blasting at Summer Lea in Hilltown Township, Bucks County with an expiration date of November 12, 2004. Permit issued October 14, 2003.
45034046. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Cobble Creek Estates in Pocono Township, Monroe County with an expiration date of September 29, 2005. Permit issued October 14, 2003.
09034027. Joao & Bradley Construction Company (4211 Tracy Lane, Bethlehem, PA 18020) and AJT Blasting, LLC (P. O. Box 20412, Lehigh Valley, PA 18002), construction blasting at County Line Road Water Main Extension in Horsham and Warrington Townships, Bucks and Montgomery Counties with an expiration date of March 15, 2004. Permit issued October 14, 2003.
40034033. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Eagle Rock in Black Creek, Hazle, North Union and East Union Townships, Luzerne and Schuylkill Counties with an expiration date of December 31, 2004. Permit issued October 14, 2003.
48024032. Schlouch Inc. (Excelsior Industrial Park, P. O. Box 69, Blandon, PA 19510), construction blasting at Hanover Pointe Housing in Hanover Township, Northampton County with an expiration date of November 30, 2005. Permit issued October 15, 2003.
48034031. AMROC (7531 Chestnut Street, Zionsville, PA 18092), construction blasting at Woodside Phase II in Williams Township, Northampton County with an expiration date of February 16, 2004. Permit issued October 15, 2003.
39034015. AMROC (7531 Chestnut Street, Zionsville, PA 18092), construction blasting at Oakwood Fields in Whitehall Township, Lehigh County with an expiration date of May 16, 2004. Permit issued October 15, 2003.
35034022. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Royal Oak Estates in South Abington Township, Lackawanna County with an expiration date of December 31, 2005. Permit issued October 15, 2003.
54034008. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting for Sewer Main in North Union Township, Schuylkill County with an expiration date of April 7, 2004. Permit issued October 15, 2003.
47034001. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Route 642 Sewer Project in Valley Township, Montour County with an expiration date of October 2, 2004. Permit issued October 15, 2003.
40034034. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Laurel Brook Estates in Bear Creek Township, Luzerne County with an expiration date of December 31, 2004. Permit issued October 15, 2003.
19034001. Wampum Hardware Company (R. D. 1 Box 112-C, Shelocta, PA 15774), construction blasting at Bloomsburg Lowes in Hemlock Township, Columbia County with an expiration date of February 28, 2004. Permit issued October 15, 2003.
360340105. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting at Aaron King Farm Building in Paradise Township, Lancaster County with an expiration date of February 1, 2004. Permit issued October 16, 2003.
360340106. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting at Stauffer Diesel Expansion Project in Ephrata Township, Lancaster County with an expiration date of February 1, 2004. Permit issued October 16, 2003.
360340107. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting for house foundation in Clay Township, Lancaster County with an expiration date of November 15, 2003. Permit issued October 16, 2003.
15034038. Explo-Craft, Inc. (P. O. Box 1332, West Chester, PA 19380), construction blasting for proposed retention basin and storm sewer line in West Caln Township, Chester County with an expiration date of November 1, 2004. Permit issued October 16, 2003.
67034069. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Fairview Ridge in Fairview Township, York County with an expiration date of November 1, 2004. Permit issued October 16, 2003.
67034068. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Rose Hill Farms Development in Fairview Township, York County with an expiration date of November 1, 2004. Permit issued October 16, 2003.
Hawk Run District Mining Office: Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.
08034001. Great Lakes Geophysical, Inc., P. O. Box 127, Williamsburg, MI 49690, for seismic testing, in Litchfield and Windham Townships, Bradford County, with an expected duration of 22 days. Permit issued October 8, 2003.
14034020. Stone Valley Construction, Inc., P. O. Box 369, Pine Grove Mills, PA 16868, for construction blasting, in Ferguson Township, Centre County, with an expected duration of 74 days. Permit issued October 15, 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).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation 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 FWPCA (33 U.S.C.A. § 1341).
Permits, Environmental Assessments and 401 Water Quality Certifications Issued
WATER OBSTRUCTIONS AND ENCROACHMENTS Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E52-185. Tom J. Russo, 103 Park Drive, Milford, PA 18337. Milford Township, Pike County, Army Corps of Engineers Philadelphia District, Subbasin 1-D.
To modify and maintain an existing house along the left bank within the floodway of Vandermark Creek (HQ-CWF), with work consisting of constructing a 4-foot by 14-foot addition to an existing deck and enclosing approximately a 14-foot by 12-foot area to create a screened porch. The project is southeast of the intersection of Moon Valley Road and Park Drive (Milford, PA-NJ Quadrangle N: 15.3 inches; W: 6.7 inches). The project proposes to directly affect 0.001 acre of floodway.
E45-448. Department of Transportation, Engineering District 5-0, 1713 Lehigh Street, Allentown, PA 18103, Middle Smithfield Township, Monroe County, Army Corps of Engineers Philadelphia District.
To construct and maintain 16 water obstructions and encroachments as described in the following list in and along Marshalls Creek and tributaries thereof, Pond Creek and tributaries thereof, Sand Hill Creek and in 1.006 acres of wetlands. The permittee is required to provide 3.19 acres of replacement wetlands (for the entire project). This work is associated with the Marshalls Creek Traffic Relief Study Project (U. S. 0209, Section 007), a four-lane limited access highway and begins on the north side of Pond Creek (Bushkill, PA-NJ Quadrangle N: 8.5 inches; W: 16.6 inches) in Smithfield Township, Monroe County, continues north to SR 0402, approximately 1,000 feet east of White Heron Lake (Bushkill, PA-NJ Quadrangle N: 11.4 inches; W: 15.8 inches) in Middle Smithfield Township and extends northeast along SR 0209 to SR 1016 (Sellersville Drive) (Bushkill, PA-NJ Quadrangle N: 10.0 inches; W: 12.7 inches) in Middle Smithfield Township, Monroe County. The project also includes roadway improvements at the intersection of SR 0209 and River Road (Bushkill-PA-NJ Quadrangle N: 14.2 inches; W: 3.8 inches) in Middle Smithfield Township, Monroe County. (Subbasin 01E and 01D)
Impact No. Road Station Description of Impact 28 SR 402 53+400 Stormwater outfall channel and energy dissipater in floodway of Pond Creek (HQ-CWF) 28B SR 402 53+400 0.003-acre temporary PEM wetland (EV) impact for drainage ditch to sediment basin 55 SR 402 54+000 0.035-acre PEM wetland impact for roadway construction 56 SR 402 54+000 0.143-acre PEM wetland impact for roadway construction 57 SR 402 54+050 0.010-acre PEM wetland impact for roadway construction 59 and 60 SR 402 54+400 0.436-acre PSS wetland impact for relocated driveway and drainage ditch 61 SR 402 54+500 0.010-acre PSS wetland impact for roadway construction 62 SR 402 54+500 0.301-acre manmade pond conversion to water quality basin 63 SR 402 54+800 0.043-acre PSS/PFO wetland impact for roadway construction 71 T662 85+100 Stormwater outfall structure and energy dissipater in floodway of Marshalls Creek (HQ-CWF) 72 SR 209 100+200 0.016 acre PEM wetland (EV) impact due to a 13.3-foot ext. to a 6.0-foot by 3.7-foot arch culvert in tributary to Marshalls Creek (HQ-CWF) 73 SR 209 60+250 Stormwater outfall structure and energy dissipater in floodway of Sand Hill Creek (HQ-CWF) 74 SR 209 60+350 Stormwater outfall structure and energy dissipater in floodway of Sand Hill Creek 75 River Rd. 69+800 Stormwater outfall structure and energy dissipater in floodway of Sand Hill Creek 76 SR 1019 9+950 Stormwater outfall structure and energy dissipater in 0.009 acre PEM wetland (EV) and in floodway of Newton Run (HQ-CWF)
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E14-447. Wintron, LLP, 1952 Waddle Road, State College, PA 16803. Outfall Replacement, in Boggs Township, Centre County, ACOE Baltimore District (Bellefonte, PA Quadrangle N: 11.5 inches; W: 10.0 inches).
To remove a total of three existing 12-inch, 8-inch and 15-inch diameter RCP roof drain stormwater outfall pipes and to construct and maintain 2-24-inch and 1-15-inch HDPE roof drain stormwater outfall pipes to Wallace Run (HQ-CWF, wild trout) along SR 144, approximately 1 mile north of the SR 144/SR 220 intersection in Boggs Township, Centre County. The project will not impact wetlands while impacting approximately 35 feet of waterway. There will be approximately 0.1 acre of earth disturbance in the left bank floodway during outfall construction.
E14-448. Stearns Boal LLC, 100 North Patterson Street, State College, PA 16803. Small Projects Joint Permit Application, in College Township, Centre County, ACOE Susquehanna River Basin District (State College, PA Quadrangle N: 14.0 inches; W: 9.7 inches).
To construct and maintain 40 feet of 36-inch diameter high density polyethylene pipe along Trout Road and 46 feet of 29-inch by 44-inch corrugated metal arch pipe along Houserville Road each outletting into Spring Creek, both 0.5 mile north along Houserville Road from the intersection of SR 0026 and Houserville Road. This permit was issued under section 105.13(e) ''Small Projects.'' The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.
E18-358. Department of Transportation, Engineering District 2-0, 1924-30 Daisy St., Clearfield, PA 16830. SR 2009 bridge replacement in Logan Township, Clinton County, ACOE Baltimore District (Loganton, PA Quadrangle N: 3.05 inches; W: 15.00 inches).
To: (1) remove an existing 35-foot single span single lane bridge; (2) construct and maintain a 65-foot long single-span dual lane concrete adjacent box beam bridge with a 7.6-foot underclearance, concrete wingwalls, R-6 rock filled gabions along each abutment and wingwalll; (3) regrade and maintain an elevated floodplain armored with R-6 riprap and turf reinforcement mat under the bridge deck; and (4) replace and maintain 630 feet of roadway, all of which are in the 100-year floodplain of Fishing Creek on SR 2009 1,500 feet south of SR 880. The project proposes to permanently impact 192 linear feet of Fishing Creek (HQ-CWF).
E18-360. Department of Transportation, Engineering District 2-0, 1924 Daisy Street Extension, P. O. Box 342, Clearfield, PA 16830. SR 1008, Section A01, structure replacement over little Plum Run in Dunnstable Township, Clinton County, Baltimore U. S. Army Corps of Engineers District (Lock Haven, PA Quadrangle N: 8.31 inches; W: 0.46 inch).
To: (1) remove the existing bridge and appurtenant structures; (2) to construct and maintain a box culvert stream enclosure with concrete wing walls and a concrete apron with a 20-foot clear span, a 6-foot rise (1.0-foot depressed invert and alternating baffles) and a 39.3-foot length; (3) place and maintain R-6 riprap for 55 feet upstream and 40 feet downstream of the stream enclosure; (4) temporarily place and maintain a flexible pipe of approximately 180 feet in length will be used during construction in conjunction with sandbags as a temporary bypass device; and (5) realignment and maintain 140 linear feet of the perennial stream channel at an average width of 25 feet through the structure area (Lock Haven, PA Quadrangle N: 8.31 inches; W: 0.46 inch) in Dunnstable Township, Clinton County. The 0.05-acre de minimis wetland impact will not be replaced.
WATER QUALITY CERTIFICATIONS Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
The Department of Environmental Protection (Department) certifies that there is reasonable assurance that the Lake Wallenpaupack Hydroelectric Project (Project), owned and operated by PPL Holtwood, LLC (Owner), on the Lackawaxen River will comply with section 401 of the Federal Clean Water Act (33 U.S.C.A. § 1341) and 25 Pa. Code Chapters 93 and 96, provided that the Project is operated and monitored in a manner consistent with the following conditions.
Conditions of Certification under section 401(d) of the Clean Water Act:
1. Water Quality Limitations
a. Operation of the Project shall not cause the dissolved oxygen concentration, measured as follows, to be less than the instantaneous minimum and/or the minimum daily average as specified in 25 Pa. Code § 93.7.
b. Operation of the Project shall not cause the pH, measured as follows, to be less than or greater than the standards as specified in 25 Pa. Code § 93.7.
2. Monitoring and Reporting
a. The Owner shall conduct effluent monitoring of the turbine discharge for the following parameters at the railroad bridge (discharge location) as follows:
Parameter Minimum Measurement Frequency DO Daily pH Daily Temperature Daily Total--Iron Weekly Flow Daily Analytical methods promulgated in 40 CFR Part 136 must be used.
Samples shall be taken when discharging at a time representative of the entire discharge period. Iron samples shall be a composite sample (minimum of four grabs) evenly spaced throughout the discharge period. Dissolved oxygen sampling shall consist of a minimum of four grab samples evenly spaced throughout the discharge period. Grab samples shall be taken for the other parameters. Flow shall be measured and reported as a daily average. The Owner may request the Department to change the monitoring schedule in this paragraph after the completion of a 1-year monitoring cycle conducted in accordance with this paragraph. The Owner retains the right to challenge any Department decision concerning a request to change the monitoring schedule submitted in accordance with this paragraph.
Monitoring results obtained during each month shall be summarized for that month and submitted to the Department and received no later than the 28th day of the following month. The monthly reports shall include sample results, collection time and date, discharge start and end times and comments.
b. The Owner shall conduct annual in-stream benthos monitoring for 5 consecutive years at two stations: Station 1 above the discharge approximately 600 feet and Station 2 below the discharge approximately 1,300 feet, in accordance with PADEP--RBP Benthic Macroinvertebrate Sample Collection and Processing Methodology for Cause/Effect Surveys. Thereafter, the Owner shall conduct in-stream benthos monitoring as set forth in this paragraph once every 3 years. The station locations are fixed and should not change without prior approval from the Department. The Owner will follow the sample collection protocol set forth for a stream greater than 50 feet in width. Samples must be collected between August 1 and October 31 during normal to low stream flow conditions. The benthic macroinvertebrate report shall be submitted by February 1st of the following year to the Department.
c. The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any hydrogen sulfide treatment process that may be employed by the Owner.
3. Operation--The Owner shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed by the Owner to achieve compliance with the terms and conditions of this Certification. Proper operation and maintenance includes, but is not limited to, adequate laboratory controls and appropriate quality assurance procedures. This provision also includes the operation of backup or auxiliary facilities or similar systems that are installed by the Owner.
4. Inspection--The Project, including all relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this Certification and the Commonwealth's water quality standards. A copy of this Certification shall be available for inspection by the Department during inspections of the Project.
5. Transfer of Project--If the Owner intends to transfer any legal or equitable interest in the Project which is affected by this Certification, the Owner shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least 30 days prior to the contemplated transfer and shall simultaneously inform the Regional Office of the Department of intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of Certification responsibility, coverage and liability between them.
6. Correspondence--Correspondence with and submittals to the Department concerning this Certification should be addressed to Department of Environmental Protection, Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711.
7. Reservation of Rights--The Department may suspend or revoke this Certification if it determines that the Owner has not complied with the terms and conditions of this Certification. The Department may require additional measures to achieve compliance with applicable law, subject to the Owner's applicable procedural and substantive rights.
8. Other Laws--Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve the Owner from any responsibilities, liabilities or penalties established under any applicable Federal or State law or regulation.
9. Severability--The provisions of this Certification are severable and should any provision of this Certification be declared invalid or unenforceable, the remainder of the Certification shall not be affected thereby.
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.
Regional Office: Department of Environmental Protection, Northeast Regional Office, Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711
Certification Request Initiated by: PPL Holtwood, LLC, Two North Ninth Street, Allentown, PA 18101
Date of Initial Pennsylvania Bulletin Notice: 33 Pa.B. 217 (January 11, 2003)
Project Description: PPL Holtwood, LLC has requested a Section 401 State Water Quality Certification for the operation of the Wallenpaupack Hydroelectric Project (Project) near the Hawley Borough in Wayne and Pike Counties. The Project is used primarily to meet the peak demands within Pennsylvania-New Jersey-Maryland Interconnection, with limitations on generation set by both natural inflows to the lake and seasonal recreational demands. The Project operates on an annual storage basis, which is achieved through the use of seasonal ''target'' lake elevations that are at times specifically constraints by the license terms and conditions. With both generator units, a total outflow ranging up to 1,800 cfs were typically started and shut down simultaneously and were operated at a relatively fixed generation level over the course of the day. PPL Holtwood, LLC expects to continue to operate the project under its current peaking mode of operation, to continue to provide ancillary power services as previous and to continue to operate for recreational, environmental, drought and flood control needs with certain modifications and enhancements: implementation of a new monthly lake elevation target schedule during normal nondrought periods; implementation of a revised drought operation plan; implementation of a deferred trout temperature regulation program for the Lackawaxen River (from river miles 4--10 not to exceed a maximum of 77°F); implementation of restricted weekend generation during the spring trout seasons; implementing operation and testing of recently installed turbine draft tube aeration system for downstream dissolved oxygen; curbing the range of area regulation operations during 6 summer weekdays to enhance weekday whitewater boating opportunities; and scheduling of two weekend whitewater boating flow releases.
Location: Lake Wallenpaupack in Hawley Borough, Wayne and Pike Counties, ACOE Philadelphia District, Hawley Quadrangle N: 16.25 inches; W: 0.75 inch (discharge), source water (Lake Wallenpaupack) is approximately 3.5 miles up-stream.
Final Action on Request: Certification granted on September 23, 2003.
[Pa.B. Doc. No. 03-2115. Filed for public inspection October 31, 2003, 9:00 a.m.]
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