[34 Pa.B. 5275]
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FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
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 should 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 of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and 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 §§ 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.
E64-248. Lackawanna River Basin Sewer Authority, P. O. Box 9068, Dickson City, PA 18519-9068. Clinton Township, Wayne County, Army Corps of Engineers Baltimore District.
To construct and maintain a combined sewer overflow outfall consisting of a 20-inch diameter ductile iron pipe, concrete endwall, backflow preventor and rip-rap outlet protection and to construct and maintain a stormwater outfall consisting of an 18-inch diameter smooth-lined polyethylene pipe and rip-rap stilling basin impacting approximately 500 square feet of floodway of the Lackawanna River (HQ-CWF). The project is adjacent to the Clinton Township Wastewater Treatment Plant approximately 0.25 mile northeast of the intersection of SR 0247 and Main Street (Forest City, PA Quadrangle N: 4.0 inches; W: 11.8 inches).
E45-462. Department of Transportation, Engineering District 5-0, 1713 Lehigh Street, Allentown, PA 18103. Jackson Township, Monroe County, Army Corps of Engineers Philadelphia District.
To remove the existing structure and to construct and maintain a precast concrete arch culvert having a single span of 36 feet and underclearance of approximately 8 feet in Appenzell Creek (HQ-CWF). The culvert will have a 60.0-foot cast-in-place concrete floor depressed a minimum of 3 feet below the stream bed to reestablish a natural stream channel through the structure. The project is along SR 3018 (Neola Church Road), Segment 110, Offset 2035 at a point approximately 0.2 mile west of the SR 3018 and SR 3021 intersection (Saylorsburg, PA Quadrangle N: 15.1 inches; W: 12.8 inches) (Subbasin: 01E).
E52-197. Pike County, 506 Broad Street, Milford, PA 18337. Lehman Township, Pike County, Army Corps of Engineers Philadelphia District.
To repair and maintain an existing single-span bridge, having a clear span of 26.3 feet, an underclearance of 7.7 feet and width of approximately 30.0 feet, across Little Bush Kill (HQ-CWF). Work will include concrete repairs to the left abutment footing, wingwalls and parapet walls and placement of riprap along the abutments and in the wingwall/streambank areas for scour and erosion protection. The project is immediately downstream of Lake Maskenozha, along Minks Pond Road (T-322) (Lake Maskenozha, PA-NJ Quadrangle N: 10.6 inches; W: 16.8 inches) (Subbasin: 01D).
E40-628. Borough of Shickshinny, 35 West Union Street, Shickshinny, PA 18655. Borough of Shickshinny, Luzerne County, Army Corps of Engineers Baltimore District.
To modify and maintain an existing stream enclosure of a tributary to the Susquehanna River (CWF), with work consisting of replacing a section of the enclosure utilizing approximately 174 linear feet of 48-inch SLPP followed by 134 linear feet of 76-inch by 48-inch elliptical concrete culvert. The stream enclosure will be relocated to follow existing roadways rather than run through private properties. The project is at the intersection of Main Street (SR 0011) and Butler Street (SR 4004) (Shickshinny, PA Quadrangle N: 4.7 inches; W: 3.7 inches) (Subbasin: 05D).
E58-260. Springville Township, P. O. Box 32, Springville, PA 18844. Springville Township, Susque- hanna County, Army Corps of Engineers Baltimore District.
To remove the existing structure and to construct and maintain a road crossing of White Creek (CWF), consisting of 45 linear feet of 24.1-foot by 6.5-foot open-bottomed aluminum box culvert. The project is along T-372, approximately 0.7 mile south of the intersection of T-372 and SR 3006 (Springville, PA Quadrangle N: 11.1 inches; W: 10.5 inches) (Subbasin: 04G).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E05-325. John C. Johnston, 1210 Poplar Avenue, Hollidaysburg, PA 16648-1132 in Woodbury Township, Bedford County, ACOE Baltimore District.
To construct and maintain a stream rehabilitation project beginning just upstream of the T-607 bridge (New Enterprise, PA Quadrangle N: 13.95 inches; W: 2.85 inches) and continuing to a point (New Enterprise, PA Quadrangle N: 4.6 inches; W: 3.15 inches) approximately 1,800 feet upstream involving the placement of a total of 731 linear feet of riprap and topsoil at various locations on both left and right streambanks for the purpose of restoring the proper channel width, reducing local bank scour and to establish a riparian buffer on Potter Creek (HQ-CWF, perennial) in Woodbury Township, Bedford County. The project will result in direct impacts to 731 linear feet of the channel of Potter Creek.
E06-585. Trap Rock Railroad, Inc., 234 North 6th Street, Reading, PA 19601 in Birdsboro Borough, Berks County, ACOE Baltimore District.
To install and maintain a concrete jacket and riprap around existing piers of Railroad Bridge No. 85, which crosses Hay Creek (CWF, MF) immediately west of SR 0082 (Birdsboro, PA Quadrangle N: 1.8 inches; W: 10.6 inches) in the Borough of Birdsboro, Berks County. The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.
E07-367. R & K Creekside Farm, R. D. 2, Box 120A, Williamsburg, PA 16693 in Huston Township, Blair County, ACOE Baltimore District.
To construct and maintain a 50-foot long 51-inch by 66-inch pipe arch with a 24-foot concrete apron all depressed at least 6 inches below the existing streambed and parallel to the existing streambed slope, a 645-foot channel relocation and a 4-inch footer drain outfall with a 3-foot riprap apron in the channel of an unnamed tributary to Piney Creek (HQ-CWF) at a point (Frankstown, PA Quadrangle N: 4.8 inches; W: 3.8 inches) approximately 360 feet downstream of the SR 866 bridge in Huston Township, Blair County. The project will result in direct permanent impacts to a total of 645 feet of the channel of the unnamed tributary to Piney Creek.
E22-471. Hummelstown Borough, 136 South Hanover Street, Hummelstown, PA 17036 in Hummelstown Borough, Dauphin County, ACOE Baltimore District.
To fill and maintain 0.003 acre of wetlands adjacent to the Swatara Creek (WWF), for the purpose of upgrading, widening and lengthening the Hummel Nature Trail, approximately 1,000 feet north of U. S. 322 on the western side of Hummelstown, east of the Swatara Creek (Hershey, PA Quadrangle N: 3.0 inches; W: 14.0 inches) in Hummelstown Borough, Dauphin County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E14-461. Chris Hall, 960 East High Street, Bellefonte, PA 16823. 312 Park Avenue Proposed Residence in Spring Township, Centre County, ACOE Baltimore District (Bellefonte, PA Quadrangle N: 5.5 inches; W: 5.9 inches).
To construct and maintain: (1) a 1,750 square foot single family residential house on 24 12-inch diameter, 8-foot high columns; (2) a U-shaped wrap around deck on 24 12-inch diameter, 8-foot high columns; (3) an at-grade driveway in the right floodway of Spring Creek at a 9-1-1 address of 312 Rear Park Avenue, which is 500 feet northeast of the intersection of SR 550 and Park Avenue. This permit was issued under section 105.13(e) ''Small Projects.''
E14-464. Paul Fisher, 168 Beiler Drive, Rebersburg, PA 16872. Fisher Farm Bridge in Miles Township, Centre County, ACOE Baltimore District (Millheim, PA Quadrangle N: 12.3 inches; W: 6.6 inches).
To remove an existing silted-in, multiculvert stream crossing and the associated fill, then to construct and maintain a 24-foot clear span concrete/I-beam bridge with the associated concrete wingwalls to allow Elk Creek to restore a natural cross-section at the farm lane stream crossing that is 1.2 miles east of the SR 192 and SR 880 intersection. This project proposes to permanently impact a 40 linear feet of Elk Creek (HQ-CWF). This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E41-542. Michael Creveling, 680 Antler Lane, Williamsport, PA 17701. Small Projects Water Obstruction and Encroachment Joint Permit Application in Woodward Township, Lycoming County, ACOE Susquehanna River Basin District (Williamsport, PA Quadrangle N: 18.18 inches; W: 14.17 inches).
To remove an existing 20-foot by 12-foot cinder block garage and 144 square feet of residential structure and construct and maintain a 30-foot by 38-foot, three car garage and a 132 square foot residential addition in the floodway of the West Branch of the Susquehanna River, 4.2 miles from the intersection of SR 0015 South and West Fourth Street along Antlers Lane in Woodward Township, Lycoming County. This permit was issued under section 105.13(e) ''Small Projects.''
E53-401. Oswayo Borough, 115 Rumsey Street, Oswayo, PA 16915. Depot Street Bridge Replacement Project in Oswayo Borough, Potter County, ACOE Baltimore District (Oswayo, PA Quadrangle N: 8.26 inches; W: 2.61 inches).
To remove an existing structure and construct, operate and maintain a single span prestressed concrete adjacent box beam bridge to carry Depot Street across Oswayo Creek (HQ-CWF). The single span bridge shall be constructed with a minimum span of 42 feet, underclearance of 6.24 feet and curb-to-curb width of 21 feet. All construction and future maintenance work shall be completed during stream low flow and dry work conditions by dams and pumping or fluming stream flow around work areas. Since Oswayo Creek is a wild trout fishery, no maintenance work shall be conducted in or along the unnamed tributary channel between October 1 and December 31, without prior written permission from the Fish and Boat Commission. The project will not impact wetlands, while impacting 110 feet of waterways that is along the eastern right-of-way of SR 0244 approximately at the intersection of Depot Street and SR 0244.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E25-685, Gilbert A. Horvath, Chairperson Board of Supervisors, Amity Township Supervisors, 15030 Casler Road, Union City, PA 16438. T-490 (Sammons Road Bridge) over UNT Hubbel Run in Amity, Erie County, ACOE Pittsburgh District (Union City, PA Quadrangle N: 22.1 inches; W: 7.4 inches).
The applicant proposes to remove the existing structure and to construct and maintain a 40-foot long, 10.67-foot wide by 6.9-foot high structural metal plate pipe arch culvert in an unnamed tributary to Hubbel Run (WWF, perennial) on T-490 Sammons Road approximately 0.3 mile east of the intersection of SR 8 and SR 89. The project includes construction of wingwalls. The project proposes to directly affect a total of approximately 60 linear feet of stream channel.
E62-399, North Penn Pipe and Supply, 2351 Dorcon Road, Warren, PA 16365. Stream Enclosure Replacement in Mead Township, Warren County, ACOE Pittsburgh District (Warren, PA Quadrangle N: 13.9 inches; W: 0.5 inch).
To remove the existing structure and to construct and maintain a 200-foot long, 8-foot diameter CMP stream enclosure in Ott Run (CWF, perennial) at the North Penn Pipe and Supply pipe yard approximately 0.7 mile northwest of the intersection of U. S. Route 6 and SR 59. The existing structure was deteriorated and the fill above the structure was sinking in several places in the pipe yard resulting in a potentially unsafe condition and loss of usable yard space for the business. The Department issued Emergency Permit EP6204601 on June 10, 2004, to construct the stream enclosure and the applicant continued with the permitting process. The project proposes to directly affect a total of approximately 220 linear feet of stream channel.
Bureau of Waterways Engineering, Water Management Program Manager, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8554, Harrisburg, PA 17105-8554.
E4014-001, Department of General Services, Bureau of Engineering and Architecture, 18th and Herr Streets, Harrisburg, PA 17125, Flood Control Project on Mill Creek, Borough of Dupont, Luzerne County, ACOE Baltimore District. Application to amend Permit E40-613.
Permit E40-613 authorized the Department of General Services to maintain the existing concrete trapezoidal channel and to construct and maintain new sections of rectangular concrete channel and concrete box culvert stream enclosure, within a 3,000-foot reach of Mill Creek and a 220-foot reach of Collins Creek, for the purpose of flood control.
The permit is requested to be amended to extend the flood protection project with the following activates associated with the construction of the project in and along approximately 1,870 linear feet (approximately 2.5 acres) of Mill Creek (CWF, perennial):
1. The upstream end of the project will tie into the existing Route 315 South Bridge and the downstream end will be just upstream of the junction of Mill Creek with Lidy Creek. The channel will follow the existing alignment of Mill Creek through a residential section of Dupont and will consist of the following work:
2. An 18-foot wide rectangular concrete channel between Route 315 South and Center Street. This channel will have wall heights between 9 feet and 7 feet high and will extend for a distance of 616 feet.
3. A 45-foot long precast concrete box culvert at Center Street. The box culvert is 18 feet wide and 6 feet high.
4. A 75-foot long rectangular concrete channel will be constructed downstream of Center Street. The channel width will vary between 18 feet and 23 feet and the wall height is 6 feet. This channel will connect to the existing stone walled channel.
5. Remove the sediment and debris from the existing stone walled channel downstream of Center Street. Repair damaged portions of the stone walls and construct a concrete invert to prevent undermining of the stone walls. This portion of the project is 443 feet long.
6. Construct a trapezoidal channel with a concrete invert and grouted riprap side slopes for a distance of 657 feet. The upstream end of this reach is at the downstream outlet of the existing stone walled channel and the downstream end is just above the junction of Mill Creek with Lidy Creek.
The project is just downstream of the Route 315 South Bridge (Avoca, PA Quadrangle N: 13.4 inches, W: 17.0 inches) in the Borough of Dupont, Luzerne County.
SPECIAL NOTICES
Intent to Issue a Hazardous Waste Permit under the Resource Conservation and Recovery Act and the Hazardous and Solid Waste Amendments of 1984; Opportunity for a Public Hearing Draft Hazardous Waste Permit
Permittee: Bethlehem Apparatus Company, Inc.
Permit No.: PAD002390961
Facility: Bethlehem Apparatus Company, Inc., Hellertown Borough, Northampton County
The Department of Environmental Protection (Department) intends to issue to Bethlehem Apparatus Company a Solid Waste Management Act Permit. This draft permit is to operate a hazardous waste facility in Hellertown Borough.
Public Review and Public Comment
Section 270a.80(b) of 25 Pa. Code requires that the public be given 45 days to comment on each draft permit prepared under the Solid Waste Management Act. The comment period will begin on September 28, 2004, and will end on November 11, 2004. Persons interested in commenting on the application or draft permit must do so within this comment period. Copies of the application, draft permit and fact sheet for the hazardous waste facility may be reviewed at the Bethlehem District Office, 4530 Bath Pike (Route 512), Bethlehem, PA 18017. Contact Robert C. Wallace at (570) 826-2511 for further information.
Further Information and Public Hearing
Persons wishing to comment on permit conditions or the permit application should submit the comments in writing to the Department of Environmental Protection, Waste Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Attn: William Tomayko, Regional Solid Waste Manager. Comments should include reasonably available references, factual grounds and supporting materials.
A public hearing is scheduled for Wednesday, November 10, 2004, at 7 p.m. at the Hellertown Borough Municipal Building, 685 Main Street, Hellertown, PA 18055. The public hearing will be held on the Department's draft permit for hazardous waste storage and processing.
Final Determination
When making a determination regarding the issuance of a hazardous waste permit to Bethlehem Apparatus Company, the Department will consider written comments received during the comment period and oral or written statements received during the public hearing, the requirements of 25 Pa. Code Chapters 260--270 and the Department's permitting policies.
Facility Description
The Hellertown Borough facility of Bethlehem Apparatus Company in Northampton County is a treatment and storage facility for primarily mercury bearing materials.
The facility manufactures and refurbishes mercury-containing apparatus. In addition to the recycling/reclamation of mercury bearing hazardous waste and the manufacturing and refurbishing of mercury containing apparatus, the facility also refines by distillation liquid elementary mercury for sale to commercial and industrial users. The treatment process for mercury bearing waste results in the generation of residual and/or hazardous waste, which no longer contain mercury, as well as recovering mercury contained within the waste materials into its elemental form. The facility currently has an office area, a receiving dock, an incoming material sorting area, a container storage area, 23 mercury reclamation retorts and associated equipment and battery and drum crushers. Facility operations include drum sorting and liquid separation, container storage and mercury recovery treatment in the retort recovery furnaces. Storage and treatment operations take place within the enclosed building.
Public Hearing for NPDES Permit No. PAI026404006 The Department will hold a public hearing to accept comment on Individual NPDES Permit Application PAI026404006 for the discharge of stormwater from construction activities at the proposed RETAIL at Texas Township in Texas Township, Wayne County.
The public hearing will be held on Wednesday, November 10, 2004, at 7 p.m. in the White Mills Fire Hall, 47 Main (SR 006), White Mills, Texas Township, Wayne County by the Department of Environmental Protection, Water Management Program, Soils and Waterways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2553. The hearing is in response to an application submitted by R. D. Honesdale, LLC. The NPDES permit application proposes the discharge of stormwater from construction activities to UNT to Lackawaxen River.
The Department requests that individuals wishing to testify at the hearing submit a written notice of intent to Retail at Texas Township Public Hearing, Department of Environmental Protection, Water Management Program, 2 Public Square, Wilkes-Barre, PA 18711. The Department will accept notices up to the day of the hearing. The Department requests that individuals limit their testimony to 10 minutes so that all individuals have the opportunity to testify. The Department can only review comments made with regard to the NPDES Permit Application PAI026404006. Written copies of oral testimony are requested. Relinquishing time to others will not be allowed. Individuals attending the hearing will have the opportunity to testify if they so desire. However, individuals who preregister to testify will be given priority on the agenda.
Persons with a disability who wish to testify and require an auxiliary aid, service or other accommodation should contact Christine Domashinski at (570) 826-2511 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department can meet their needs.
The NPDES permit application is available for review at the Wayne County Conservation District Office, Wayne, PA, (570) 253-0930. For further information, contact Mark Carmon, Northeast Regional Office, (570) 826-2511.
Public Meeting and Request for Comment for the Proposed Total Maximum Daily Load (TMDL) for the Moose Creek Watershed in Clearfield County The Department will hold a public meeting to discuss and accept comments on a proposed TMDL for the Moose Creek Watershed in Clearfield County. The meeting will be held on October 27, 2004, at 6:30 p.m. at the Clearfield County Multiservice Center, Daisy Street, Clearfield, PA. Individuals who plan to make a presentation at the public meeting should contact, by 4 p.m. on Friday, October 22, 2004, John Mital, Moshannon District Mining Office, (814) 342-8200. The Department will consider all comments in developing the final TMDL for the Moose Creek Watershed, which will be submitted to the EPA for approval.
The proposed TMDL for the Moose Creek Watershed was established in accordance with the requirements of the Clean Water Act, section 303(d). Two stream segments in the Moose Creek Watershed have been identified as impaired on the 1996 Pennsylvania Section 303(d) list due to depressed pH and/or high concentrations of metals. The listed segment and miles degraded are shown in the following table:
Stream Code
(Segment ID)Stream Name Miles Degraded 26609 Moose Creek 5.9 26613 Woods Run 2.3 The proposed plan provides calculations of the stream's total capacity to accept metals (aluminum, iron, manganese and acidity), pH and maintain levels below water quality criteria. The applicable water quality criteria are as follows:
Parameter Criterion Value
(mg/l)Total Recoverable/
DissolvedAluminum 0.75 Total Recoverable Iron 1.5 Total Recoverable Manganese 1.00 Total Recoverable pH 6.0--9.0 N/A The primary pollutant source for the watershed is abandoned mine workings. This watershed was mined for coal in the 1900s. The effects of this are still present.
The proposed TMDL was developed using Monte Carlo Simulation (MCS) to determine long-term average concentrations that each stream segment could accept and still meet water quality criteria 99% of the time. MCS allows for the expansion of a data set based on its statistical makeup. Since there was no critical flow condition where criteria were exceeded, the Department used the average flow to express the loading values in the proposed TMDL. The proposed TMDL for the Moose Creek Watershed sets allowable loading rates for metals and acidity at specified points in the watershed. Field data collected over the past 2 years was used to establish the proposed TMDL for the Moose Creek Watershed. The data and all supporting information used to develop the proposed TMDL are available from the Department.
The Department will accept written comments on the proposed TMDL for the Moose Creek Watershed. Written comments must be postmarked by November 24, 2004, and sent to John Mital, Geologic Specialist, Department of Environmental Protection, Moshannon District Mining Office, 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200, jmital@state.pa.us.
To request a copy of the proposed TMDL and associated information sheet or to obtain directions to the Clearfield County Multiservice Center, contact John Mital at the previous phone number or e-mail address.
The proposed TMDL for the Moose Creek Watershed can be accessed through the Department's website: www.dep.state.pa.us (DEP Keyword: TMDL). Persons with a disability who require accommodations to attend this meting should contact the Department at (814) 472-1900 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.
[Pa.B. Doc. No. 04-1782. Filed for public inspection September 24, 2004, 9:00 a.m.]
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