Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 04-2240e

[34 Pa.B. 6662]

[Continued from previous Web Page]

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes: the Air Quality Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).

Coal Permits Actions

   California District Mining Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.

   30743711. NPDES Permit No. PA0033511, Cumberland Coal Resources, LP (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to transfer the permit for the Cumberland Mine Coal Refuse Disposal Facility in Whiteley Township, Greene County and related NPDES permit from RAG Cumberland Resources, LP., Permit issued December 2, 2004.

   30753712. NPDES Permit No. PA0215724, Emerald Coal Resources, LP (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to transfer the permit for the Emerald Mine No. 1 Coal Refuse Disposal Facility No. 1 in Franklin Township, Greene County and related NPDES permit from RAG Emerald Resources, LP. No additional discharges. Permit issued December 2, 2004.

   30960701. NPDES Permit No. PA0215201, Emerald Coal Resources, LP (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to transfer the permit for the Emerald Mine No. 1 Coal Refuse Disposal Area No. 2 in Franklin Township, Greene County and related NPDES permit from RAG Emerald Resources, LP. No additional discharges. Permit issued December 2, 2004.

   30010701. NPDES Permit No. PA0235440, Cumberland Coal Resources, LP (158 Portal Road, P. O. Box No. 1020, Waynesburg, PA 15370), to transfer the permit for the Cumberland Mine No. 2 Coal Refuse Disposal Facility in Whiteley Township, Greene County and related NPDES permit from RAG Cumberland Resources, LP. No additional discharges. Permit issued December 2, 2004.

   30921301. NPDES Permit No. PA0213900, River Processing Corporation (P. O. Box 1020, 158 Portal Road, Waynesburg, PA 15370), to transfer the permit for the Monongahela Resource Mine in Jefferson Township, Greene County and related NPDES permit from RAG River Processing Corp. No additional discharges. Permit issued December 2, 2004.

   Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

   32940109 and NPDES Permit No. PA0212954. KMP Associates, 1094 Lantz Road, Avonmore, PA 15618, SMP Transfer to KMP Associates, Inc., 1094 Lantz Road, Avonmore, PA 15618 in Young Township, Indiana County, affecting 133.1 acres. Receiving stream: UT to and Whiskey Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received February 18, 2004. Permit issued: November 22, 2004.

   56040103 and NPDES Permit No. PA0249581. Fieg Brothers, 3070 Stoystown Road, Stoystown, PA 15563-8164, commencement, operation and restoration of a bituminous surface mine in Southampton Township, Somerset County, affecting 55.8 acres. Receiving streams: unnamed tributaries to North Branch Jennings Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received June 23, 2004. Permit issued: November 23, 2004.

   56950111 and NPDES Permit No. PA0213225. Sherpa Mining Contractors, Inc., 337 Benny Road, Hooversville, PA 15936, surface mining permit revision to add coal acres that are currently approved for mining under adjacent Cooney Brothers SMP No. 56930102 to this Sherpa SMP No. 56950111 in Shade Township, Somerset County, affecting 248.5 acres. Receiving streams: unnamed tributary to Shade Creek and Shade Creek classified for the following uses: cold water fisheries. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Stoneycreek surface water intake. Application received August 18, 2004. Permit issued November 23, 2004.

   11850107 and NPDES Permit No. PA0597341. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, permit transfer to AMFIRE Mining Company, LLC, One Energy Place, Latrobe, PA 15650 in Portage Township, Cambria County, affecting 85.7 acres. Receiving streams: unnamed tributary to/and Spring Run; unnamed tributary to/and Trout Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Little Conemaugh River surface water intake. Application received June 7, 2004. Permit issued December 2, 2004.

   32000103 and NPDES Permit No. PA0235300. AMFIRE Mining Company, LLC, One Energy Place, Latrobe, PA 15650, permit transfer from S & M Mining, Inc. for continued operation of a bituminous surface and auger mine in Cherryhill Township, Indiana County, affecting 64.0 acres. Receiving streams: unnamed tributaries of Allen Run and Penn Run, and Allen Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is PA American Water Company Two Lick Creek Surface Water Intake. Application received December 17, 2003. Permit issued December 2, 2004.

   Greensburg District Mining Office: R. R. 2, Box 603-C, Greensburg, PA 15601, (724) 925-5500.

   63020101 and NPDES Permit No. PA0250104. Neiswonger Construction, Inc. (17592 Route 322, Strattanville, PA 16258). Permit revised to include auger mining at an existing bituminous surface mining site located in Somerset Township, Washington County, affecting 261.6 acres. Receiving streams: unnamed tributary to Center Branch of Pigeon Creek to Pigeon Creek to the Monongahela River. Application received: September 22, 2004. Permit revision issued: December 2, 2004.

   03990109 and NPDES Permit No. PA0202673. Mears Enterprises, Inc. (P. O. Box 157, Clymer, PA 15728). Permit renewal issued for continued reclamation only of a bituminous surface/auger mining site located in Wayne Township, Armstrong County, affecting 58.0 acres. Receiving streams: unnamed tributaries to the South Fork Pine Creek and to the South Fork Pine Creek itself. Application received: August 30, 2004. Reclamation only renewal issued: December 2, 2004.

   03980108 and NPDES Permit No. PA0202371. Stitt Coal Co., Inc. (R. D. 1, Box 197A, Ford City, PA 16226). Permit renewal issued for continued operation and reclamation of a bituminous surface mine, located in Kittanning Township, Armstrong County, affecting 24.6 acres. Receiving streams: unnamed tributaries and Garretts Run. Application received: September 13, 2004. Permit issued: December 3, 2004.

   26950102 and NPDES Permit No. PA0201197. Bridgeview Coal Company (Route 40, Box 257, Farmington, PA 15437). Permit renewal issued for continued reclamation only of a bituminous surface mining site located in Wharton Township, Fayette County, affecting 221.0 acres. Receiving streams: unnamed tributaries 2, 3, 6 and 10 Stony Fork and unnamed tributary 1 Little Sandy Creek. Application received: August 31, 2004. Reclamation only renewal issued: December 6, 2004.

   03890109 and NPDES Permit No. PA0591700. Rosebud Mining Company (R. R. 9, Box 279A, Kittanning, PA 16201). Permit renewal issued for continued reclamation only of a bituminous surface/auger mining site located in Perry Township, Armstrong County, affecting 56.0 acres. Receiving streams: unnamed tributary to the Allegheny River. Application received: August 5, 2004. Reclamation only renewal issued: December 6, 2004.

   Knox District Mining Office: P. O. Box 669, Knox, PA 16232, (814) 797-1191.

   33010107 and NPDES Permit No. PA0242012. Waroquier Coal Company (P. O. Box 128, Clearfield, PA 16830). Commencement, operation and restoration of a bituminous strip operation in Snyder Township, Jefferson County affecting 348.0 acres. Receiving streams: Rattlesnake Creek and Unnamed Tributaries to Toby Creek. Application received: October 22, 2001. Permit Issued: November 19, 2004.

   16040102 and NPDES Permit No. PA0242551. Milestone Crushed, Inc. (521 South Street, Clarion, PA 16214) Commencement, operation and restoration of a bituminous strip operation in Richland Township, Clarion County affecting 155.1 acres. Receiving streams: Unnamed tributary to Turkey Run. Application received: July 16, 2004. Permit Issued: November 22, 2004.

   16713021 and NPDES Permit No. PA0602680. Original Fuels, Inc. (P. O. Box 343, Punxsutawney, PA 15767). Renewal of an existing bituminous strip operation in Redbank, Clover & Beaver Townships, Clarion and Jefferson Counties affecting 135.0 acres. This renewal is issued for reclamation only. Receiving streams: Unnamed tributaries to Pine Creek and Pine Creek, unnamed tributaries to Redbank Creek, unnamed tributaries to Runaway Run. Application received: October 12, 2004. Permit Issued: December 2, 2004.

   33940102 and NPDES Permit No. PA0211923. Mahoning Mining, Inc. (P. O. Box 44, New Bethlehem, PA 16242). Renewal of an existing bituminous strip and auger operation in Knox Township, Jefferson County affecting 101.0 acres. This renewal is issued for reclamation only. Receiving streams: Two unnamed tributaries to Lick Run. Application received: August 9, 2004. Permit Issued: December 2, 2004.

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   49851603T2. Mid-Valley Coal Sales, Inc., (1380 Tioga Street, Coal Township, PA 17866), transfer of an existing coal preparation plant operation in Ralpho Township, Northumberland County affecting 21.6 acres, receiving stream: none. Application received November 25, 2004. Transfer issued December 1, 2004.

   Noncoal Permits Actions

   Knox District Mining Office: P. O. Box 669, Knox, PA 16232, (814) 797-1191.

   24042801. North Star Aggregates, Inc. (P. O. Box 51, Penfield, PA 15849) Commencement, operation and restoration of a small noncoal sandstone operation in Horton Township, Elk County affecting 5.0 acres. Receiving streams: Little Toby Creek. Application received: August 2, 2004. Permit Issued: November 29, 2004.

   20870304. Heritage Excavating & Stone (P. O. Box 462, Wampum, PA 16157) Revision to an existing sandstone operation to include NPDES Permit No. PA0242578 in South Shenango Township, Crawford County affecting 37.8 acres. Receiving streams: Unnamed tributary to Shenango River. Application received: October 7, 2004. Permit Issued: November 19, 2004.

   25940302. McDonald Sand & Gravel, Inc. (11425 Neiger Rd., Girard, PA 16417) Transfer of an existing sand and gravel operation from Bedrock Sand & Gravel, Inc. in Girard Township, Erie County affecting 93.7 acres. Receiving streams: Two unnamed tributaries to Elk Creek. Application received: April 7, 2004. Permit Issued: December 2, 2004.

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   58040863. Algerd Choplosky, Jr. (R. R. 1, Box 1598, Hop Bottom, PA 18824), commencement, operation and restoration of a quarry operation in Dimock Township, Susquehanna County affecting 5.0 acres. Receiving stream: tributary to White Creek. Application received October 18, 2004. Permit issued November 30, 2004.

   50042801. Ilene Rock, (273 Pontius Lane, Loysville, PA 17047), commencement, operation and restoration of a shale quarry operation in Saville Township, Perry County affecting 5.0 acres, receiving stream: none. Application received February 10, 2004. Permit issued December 1, 2004.

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.

Blasting Permits Actions

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   45044037. 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 for Baner at Marshalls Creek in Middle Smithfield Township, Monroe County with an expiration date of December 17, 2005. Permit issued November 29, 2004.

   09044040. Rock Work, Inc. (1257 DeKalb Pike, R. D. 2, Blue Bell, PA 19422), construction blasting at Flowers Mill II at Five Ponds in Warminster Township, Bucks County with an expiration date of December 21, 2005. Permit issued November 29, 2004.

   09044041. AMROC (7531 Chestnut Street, Zionsville, PA 18092), construction blasting at Claridon Court in Richland Township, Bucks County with an expiration date of December 21, 2005. Permit issued November 29, 2004.

   45044038. E. R. Linde Construction Corp. (9 Collan Park, Honesdale, PA 18431), construction blasting at Stroudsburg Middle School in Stroud Township, Monroe County with an expiration date of December 23, 2005. Permit issued November 29, 2004.

   39044019. Schlouch Inc. (Excelsior Industrial Park, P. O. Box 69, Blandon, PA 19510), construction blasting at Corrado Homes Phases 1 and 2 in Lower Macungie Township, Lehigh County with an expiration date of December 24, 2005. Permit issued November 29, 2004.

   45044039. 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 at Estates at Great Bear in Middle Smithfield Township, Monroe County with an expiration date of December 25, 2005. Permit issued November 29, 2004.

   46044040. AMROC (7531 Chestnut Street, Zionsville, PA 18092), construction blasting at Macoby Run in Upper Hanover Township, Montgomery County with an expiration date of December 22, 2005. Permit issued November 29, 2004.

   22044029. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Hershey Foods Reese Plant Unloading Pit in Derry Township, Dauphin County with an expiration date of January 30, 2005. Permit issued November 29, 2004.

   06044047. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting for a new home on Pendergast Road in Spring Township, Berks County with an expiration date of December 31, 2004. Permit issued November 29, 2004.

   09044043. Dynatec Drilling & Blasting (7 Industrial Drive, P. O. Box 603, Cliffwood Beach, NJ 07721), construction blasting at Hilltown Ridge/Reserve at Hilltown in Hilltown Township, Bucks County with an expiration date of June 20, 2005. Permit issued November 29, 2004.

   22044030. Warren's Excavating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507-0189), construction blasting at Northwood Crossing Development in Susquehanna Township, Dauphin County with an expiration date of January 31, 2005. Permit issued November 29, 2004.

   40044105. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), well-fracking in Lehman Township, Luzerne County with an expiration date of December 31, 2004. Permit issued November 29, 2004.

   45044113. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting for a new home in Stroud Township, Monroe County with an expiration date of November 27, 2005. Permit issued November 30, 2004.

   28044046. David H. Martin Excavating, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), con-struction blasting at the Jim Moors Project in Antrim Township, Franklin County with an expiration date of December 31, 2005. Permit issued December 2, 2004.

   28044047. David H. Martin Excavating, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), construction blasting at Scott Greene Estates Lot 88 in Greene Township, Franklin County with an expiration date of December 31, 2005. Permit issued December, 2, 2004.

   Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-4200.

   14044028. Glenn O. Hawbaker, Inc. (P. O. Box 135, State College, PA 16804), for construction blasting, located in Ferguson Township, Centre County, with an expected duration of 244 days. Permit issued: November 24, 2004.

   17044002. Whitetail Contracting (P. O. Box 220, Woodland, PA 16881), for reclamation blasting, located in Karthaus Township, Clearfield County, with an expected duration of 2 years and 9 months. Permit issued: December 2, 2004.

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

   Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

   E08-416. Burlington Township, R. R. 3, Box 118, Towanda, PA 18848. Bridge replacement in Burlington Township, Bradford County, ACOE Baltimore District (Ulster, PA Quadrangle N:  6.75 inches; W:  11.75 inches).

   To: 1) remove the existing single span concrete steel bridge with steel I-Beams, concrete abutments and wingwalls and steel pipe parapet. This structure has a 20 foot span, 7 foot rise and a hydraulic opening of 106 square feet; 2) construct and maintain a single span reinforced concrete rigid frame on a 57-degree skew left hand ahead with a span length of about 26 feet, and an underclearance of about 9.4 feet; and 3) place approximately 50 linear feet of upstream and downstream left and right stream bank class R-7 and R-4 borrow excavation rock.

   The project is located over Wallace Run on T-558 about 0.2 mile north of the intersection of T-558 and Covered Bridge Road.

   The project will not impact wetlands while impacting approximately 170 feet of waterway and disturbing 0.4 acre of earth. Wallace Run is a Warm Water Fisheries stream.

   E49-280. Northumberland County, 399 South Fifth Street, Sunbury, PA 17801. Standard Joint Water Obstruction and Encroachment Permit, in Washington Township, Northumberland County, ACOE Susquehanna River Basin District (Mifflinville, PA Quadrangle N:  11.4 inches; W:  9.4 inches).

   To remove an existing single span steel pony truss bridge and construct and maintain a single span pre-stressed concrete box beam bridge having a normal span of 43.45 feet, with a minimum underclearance of 6.38 feet on a skew of 58° over Schwaben Creek and to construct, maintain and remove a temporary crossing consisting of 4-36 inch diameter culvert pipes and clean R-4 rock, all of which is located along T-444 0.25 miles north of the intersection of SR 3010 and T-444 in Washington Township, Northumberland County. This project proposes to permanently impact 45 linear feet of Schwaben Creek, which is, designated a Trout Stocked Fishery stream and does not propose to impact any jurisdictional wetlands.

   E49-282. Milton Area Industrial Development Association, One South Arch Street, Milton, PA 17847. Standard Joint Water Obstruction and Encroachment Permit, in Milton Borough, Northumberland County, ACOE Susquehanna River Basin District (Milton, PA Quadrangle N:  18.1 inches; W:  14.1 inches).

   To develop in accordance with the attached plans to develop Phase II of the Belford addition, which encompasses approximately 50 acres of land. The development will include new roadways, road reconstruction and utility line extension. The project will permanently impact 1.15 acres of forested nontidal wetlands for the widening of Marsh Road and 0.49 acre of emergent nontidal wetlands for a new road (across wetland No. 14). The project will also disturb 138 linear feet of stream to place two 41-foot box culverts and a 42-foot arch culvert in unnamed tributaries; and temporarily impact 4,185 square feet of wetlands and 75 linear feet of stream for utility line crossings and placement of stormwater piping. The applicants stated purpose is to accommodate the growing needs of the local economy by providing developable lots to eliminate the current traffic patterns through he nearby town of Montandon, Milton Borough, Northumberland County.

   E60-165. Alan C. Wagner and Leon M. Botts, 300 Market Street, Mifflinburg, PA 17844. Black Run Country Estates Road Crossing, in Buffalo Township, Union County, ACOE Baltimore District (Mifflinburg, PA Quadrangle N:  22.6 inches; W:  2.8 inches).

   To construct, operate and maintain a road crossing Black Run to provide access to single residential dwelling. The road crossing shall be constructed with three 4-foot diameter metal culvert pipes having a maximum length of 40 feet. Culvert pipe installation and future road crossing maintenance shall be completed during stream low flow and in dry work conditions by dams and pumping or fluming stream low around the work area. The private road crossing is located along the southern right-of-way of Buffalo Township Road No. 410 approximately 3,000 feet west of SR 1001 and T-410 intersection. Construction of the road crossing will permanently impact 0.08 acre of wetland associated to Black Run, for which the permittee shall provide for 0.08 acre of wetland replacement by making a monetary contribution of $500 to the National Fish and Wildlife Foundation, Pennsylvania Wetland Replacement Project, ID Number 95-096.

   Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   E37-163, PA Department of Transportation, District 11-0, 45 Thoms Run Road, Bridgeville, PA 15017-2853. SR 4005, Section L02 Over McClanahan Run, in Pulaski Township, Lawrence County, ACOE Pittsburgh District (Edinburg, PA Quadrangle N: 17.75 inches; W: 5.06 inches).

   To remove the existing structure and to construct and maintain an approximately 32.0-foot long, 24-foot wide by 11-foot high precast concrete pipe arch culvert in McClanahan Run (WWF) on SR 4005, Section L02, approximately 270 feet northwest of intersection T-605 (Heather Heights Road) and SR 4005. Project also includes widening and reconstruction of the roadway for approximately 260 feet.

WATER QUALITY CERTIFICATIONS

   Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.

Notice of Final Action on Request for Certification Under Section 401 of the Federal Water Pollution Control Act

   Certification Request initiated by and applicant, PPL Holtwood, LLC, Two North Ninth Street, Allentown, Pennsylvania 18101. Wallenpaupack Hydroelectric Project (FERC Project No. 487, Project), on 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 upstream.

   Date of Initial Pennsylvania Bulletin Notice: Volume 34, No. 40, on October 2, 2004

   Project Description:  PPL Holtwood, LLC has requested a Section 401 State Water Quality Certification for the operation of the Wallenpaupack Hydroelectric Project near 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 constrained 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 expect 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 (non-drought periods); implementation of a revised drought operation plan; implementation of a deferred trout temperature regulation program for the Lackawaxen River (from river mile 4 through 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 (DO); curbing the range of area regulation operations during six summer weekdays to enhance weekday whitewater boating opportunities; and scheduling of two weekend whitewater boating flow releases.

   Applicable Conditions:  On September 23, 2003, the Department of Environmental Protection (Department) certified 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. Notice of the Department's September 23, 2003 certification was published on November 1, 2003 in the Pennsylvania Bulletin, Vol. 3, No. 44. On October 23, 2003 the Owner appealed the Department's September 23, 2003 certification to the Pennsylvania Environmental Hearing Board. As a result of settlement negotiations, the Department modifies the September 23, 2003 certification as follows:

   1.  The following paragraph has been added to paragraph 2a of the certification:

''The pH of the discharge may be less than the standard/range as specified in 25 Pa. Code 93.7 if the Owner can demonstrate that the pH of the discharge is not less than the pH of the lake water as measured at the penstock tap in the powerhouse building. The Department will accept simultaneous sampling as a component of such a demonstration.''

   2.  Paragraph 2b of the certification has been modified to read as follows:

''The Owner shall conduct annual in-stream benthos monitoring in the years 2006, 2007, and 2008 at two stations, Station 1 above the discharge approximately 600 feet and Station 2 below the discharge approxi-mately 1300 feet, in accordance with the PADEP--RBP Benthic Macroinvertebrate Sample Collection and Processing Methodology for Cause/ Effect Surveys attached hereto as Appendix A. Thereafter, the Owner shall conduct in-stream benthos monitoring as set forth in this paragraph once every five years. The station locations are fixed and should not change without prior approval from PADEP. The Owner will follow the sample collection protocol set forth in Appendix A 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 PADEP.''

   Final Action on Request:  The Pennsylvania Department of Environmental Protection (''PADEP'') hereby certifies that there is reasonable assurance that the Lake Wallenpaupack Hydroelectric Project (''Project''), owned and operated by PPL Holtwood, LLC (''Owner''), located on the Lackawaxen River, Pennsylvania, will comply with Section 401 of the Federal Clean Water Act (33 U.S.C.A. § 1341) and Pennsylvania's Water Quality Standards (25 Pa. Code Chapters 93 and 96) provided that the Project is operated and monitored in a manner consistent with the conditions contained herein.


SPECIAL NOTICES

Submission Date for Grant Applications Under the Solid Waste-Resource Recovery Development Act

   The Department of Environmental Protection (Department) announces that it is accepting Resource Recovery Demonstration Grant applications from counties, municipalities and municipal authorities within this Commonwealth under the Pennsylvania Solid Waste-Resource Recovery Development Act (act). Projects must be capable of demonstrating, for a minimum of 2 years, the production of energy or the recovery of materials from solid waste (except sewage sludge). Grant applications must meet the terms and conditions established in 25 Pa. Code Chapter 76 adopted under Act 198.

   Priority in selecting successful applicants during this application solicitation will be given to unique and innovative resource recovery projects not previously demonstrated or currently being demonstrated in this Commonwealth. Priority in selecting successful applicants during this application solicitation will also be given to demonstration projects involving regional cooperative projects involving more than one county or municipality. Other types of resource recovery projects may also be considered. All projects must be capable of being replicated in other areas of this Commonwealth.

   Applicants must provide a business plan and market commitments for energy or materials produced by the demonstration project. All projects should be capable of reaching full scale production within 12 months of notice of a grant award.

   A lead municipality or county serving as the development agency for regional projects must have resolutions from other participating counties or municipalities in support of the project. Counties and municipalities may sponsor cooperative projects with private sector entities provided that a minimum of 5% equity in the project is maintained by the development agency for the term of the demonstration period.

   The Department will award no more than three grants from applications received during this grant solicitation period. The Department will award no more than $100,000 for any demonstration project selected for funding. A minimum of 25% local matching funds is required including at least a 5% equity share in the project by the applicant.

   The deadline for submission of grant applications is 3 p.m. April 7, 2005. Applications must be on forms provided by the Department. Applications received by the Department or postmarked after the deadline will not be considered during this application solicitation.

   Counties and municipalities must contact the appropriate Department Planning and Recycling Coordinator in the following list to obtain a grant application. A pre-application conference with the Department Regional Planning and Recycling Coordinator is required. Inquiries concerning this notice should be directed to John Lundsted, Recycling Technical Assistance Coordinator, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472.


Regional Planning and Recycling Coordinators

Southeast Region

Bucks, Chester, Delaware, Montgomery and Philadelphia Counties

   DEP, Bureau of Land Recycling and Waste Management
   2 East Main Street
   Norristown, PA 19401

   Calvin Ligons
   Ann Ryan
   MaryAlice Reisse
   (484) 250-5960
   fax (484) 250-5961
   cligons@state.pa.us
   aryan@state.pa.us
   mreisse@state.pa.us

Northeast Region

Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne and Wyoming Counties

   DEP, Bureau of Land Recycling and Waste Management
   2 Public Square
   Wilkes-Barre, PA 18711-0790

   Chris Fritz
   (570) 826-2516
   fax (570) 826-5448
   cfritz@state.pa.us

Southcentral Region

Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York Counties

   DEP, Bureau of Land Recycling and Waste Management
   909 Elmerton Avenue
   Harrisburg, PA 17110-8200

   Mark Vottero
   (717) 705-4706
   fax (717) 705-4930
   mvottero@state.pa.us

Northcentral Region

Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union Counties

   DEP, Bureau of Land Recycling and Waste Management
   208 W. 3rd Street, Suite 101
   Williamsport, PA 17701

   Patrick Brennan
   (570) 327-3727
   fax (570) 327-3420
   pbrennan@state.pa.us

Southwest Region

Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland Counties

   DEP, Bureau of Land Recycling and Waste Management
   400 Waterfront Drive
   Pittsburgh, PA 15222-4745

   Sharon Svitek
   Bob Emmert
   Stephen Sales
   (412) 442-4000
   fax (412) 442-4194
   ssvitek@state.pa.us
   remmert@state.pa.us
   ssales@state.pa.us

Northwest Region

Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren Counties

   DEP, Bureau of Land Recycling and Waste Management
   230 Chestnut Street
   Meadville, PA 16335-3481

   Guy McUmber
   (814) 332-6848
   fax (814) 332-6117
   gmcumber@state.pa.us

____

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), the Hazardous Sites Cleanup Act of 1988

   The Department of Environmental Protection (Department) hereby announces the submission deadline for 2004 Host Municipality Inspector Program Reimbursement Applications as March 31, 2005. Reimbursements are available to municipalities pursuant to 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.

   All reimbursements are allocated 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 located 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. If your municipality does not receive but requires an application, or if you have any questions about this program, please 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, or visit www.dep.state.pa.us, PA Keyword ''Municipal Waste.''

   The deadline for submitting applications is 4:30 p.m. on March 31, 2005. Applications received by the Department after the deadline will not be considered.

____

Notice of Certification to Perform Radon-Related Activities in Pennsylvania

   In the month of November 2004 the Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act (63 P. S. §§ 2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed below to perform radon-related activities in Pennsylvania. The period of certification is 2 years. (For a complete list of persons currently certified to perform radon-related activities in Pennsylvania and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON.

Name Address Type of Certification
Sandra Bender 929 Mt. Zion Road
Lebanon, PA 17046
Laboratory
Lynne Bookey Box 2315, Gold Key Lake
Milford, PA 18337
Testing
Kevin Buckley 2575 Giant Oaks Drive
Upper St. Clair, PA 15241
Testing
Roger Burens, Jr. 241 King Manor Drive
Suite D
King of Prussia, PA 19406
Mitigation
Clerkin Home Inspections, LLC 1114 Bergan Road
Oreland, PA 19075
Testing
Daryl Festa 634 North Avenue
Pittsburgh, PA 15209
Testing
Rick Hynes 1037 Carnes School Road
Seneca, PA 16346
Mitigation
Herbert Ingram, II 53 Jackson Avenue
Lancaster, PA 17603
Testing
Paul Inman 675 Estelle Drive
Lancaster, PA 17601
Testing
JCN Radon Services, Inc. R. R. 2, Box 46A
Sunbury, PA 17801
Mitigation
Stanley Kuhn 2843 North Front Street
Harrisburg, PA 17110
Testing
Allan Lenhardt R. R. 3, Box 406
Bloomsburg, PA 17815
Testing & Mitigation
Chris Matteson 912 Bruton Cove
Hummelstown, PA 17036
Testing
Max Pedergnana 104 Montana Drive
Kulpmont, PA 17834
Testing
Linda Platz 2006 West 51st Street
Erie, PA 16509
Testing
Theresa Pulone 107 Maple Shade Avenue
Washington Crossing, PA 18971
Testing
Radon Specialists, Inc. 800 Sunset Lane
Stroudsburg, PA 18360
Testing
Ray Remsnyder 2843 North Front Street
Harrisburg, PA 17110
Testing
Raymond Rowe 735 Municipal Street
Pittsburgh, PA 15204
Mitigation
Lloyd Scarborough 429 Hillside Avenue
Morrisville, PA 19067
Testing
Kenneth Struder
Pennsylvania Home Inspections
P. O. Box 72722
Thorndale, PA 19372
Testing & Laboratory
Todd Ziegler826 North Lewis Road
Limerick, PA 19468
Mitigation

____

Alaron Corporation, New Beaver Borough, Lawrence County; Phase I Hazardous Waste Treatment Facility Siting Application; Notice of Completeness Determination, Public Information Meeting and Public Hearing

   The Department of Environmental Protection (Department) has determined the Phase I Commercial Hazardous Waste Treatment Facility Siting Application submitted by Alaron Corporation, 2138 State Route 18, Wampum, PA to be administratively complete. The purpose of a Phase I application is solely to determine whether the proposed site complies with this Commonwealth's exclusionary siting criteria for hazardous waste treatment facilities. Subsequent to this determination of administrative completeness, the Department will conduct a technical review of the application to determine whether the proposed site complies with the exclusionary siting criteria at 25 Pa. Code §§  269a.21--269a.29. If the site does not meet the applicable criteria, a hazardous waste treatment facility may not be permitted there. If the site does meet the applicable siting criteria, the applicant must submit a detailed permit application, before a permit could be issued for construction and operation.

   The Department conducted a public information meeting on Tuesday, December 7, 2004. The meeting was held from 7 p.m. to 9 p.m. at the New Beaver Borough Building, New Galilee, PA.

   An additional public information meeting has been scheduled for 6 p.m., Tuesday, January 18, 2005, at the New Beaver Borough Building; 778 Wampum-New Galilee Road; New Galilee, PA 16141, for those interested persons who were unable to attend the December 7, 2004, meeting.

   This information meeting will be held just prior to a public hearing regarding this application, which has been scheduled for 7 p.m. on Tuesday, January 18, 2005, at the same location. The Department will provide an overview of the application review process, siting criteria, and the opportunities for public participation in the process. The meeting will include time for public questions on the process and the application. General information about the application and the permit review process will be distributed prior to the meeting.

   The public hearing is intended to allow for public testimony on the Phase I application. The Department will record testimony and receive written comments at the hearing. The Department will also accept written comments on the application from December 7, 2004, until February 4, 2005. Written comments should be sent to the Hazardous Waste Facility Siting Team Leader, Department of Environmental Protection, P. O. Box 8471, Harrisburg, PA 17105-8471. Comments may also be submitted electronically at EPHazWasteSitingTeam@state.pa.us.

   To reserve time to testify at this hearing, contact Freda Tarbell, PADEP, Northwest Regional Office at (814) 332-6816.

   Copies of the Phase I application will be available for review or copying at the following locations between 8 a.m. and 4 p.m.:

      PADEP Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6848.

      PADEP Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, 14th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8471, (717) 787-6239.

      Alaron Corporation, 2138 State Route 18, Wampum, PA 16157, (724) 535-5777 (call for times and appointments).

   It is advisable to call ahead for an appointment for review and copying to assure proper assistance. The Department may charge a fee for copying.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the Department as specified previously. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

____

SEWAGE FACILITIES ACT SPECIAL NOTICE


Special Notice Under the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P. L. 1535, as amended, 35 P. S. § 750.5

   Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   Project Location:

Borough or Township Borough or Township Address County
Foxburg Borough Foxburg Area Water and Sewer Authority
P. O. Box 2
Foxburg, PA 16036
Clarion

   Project Description:  The Pennsylvania Infrastructure Investment Authority which Administers Pennsylvania's State Revolving Fund is intended to be the funding source for this project. The Authority proposes to rehabilitate two sections of sewer lines to reduce wet weather flows. The Department's review of the project and the information received has not identified any significant, adverse environmental impact resulting from this project. The Department hereby categorically excludes this project from the State Environmental Review Process.

[Pa.B. Doc. No. 04-2240. Filed for public inspection December 17, 2004, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.