[36 Pa.B. 5793]
[Saturday, September 16, 2006]
[Continued from previous Web Page]
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
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Telephone: (717) 705-4707.
E22-501: S & A Custom Homes, 2121 Old Gatesburg Road, State College, PA 16803 in Lower Paxton Township, Dauphin County, ACOE Baltimore District
To construct and maintain: 1) a 145-foot long 24-inch smoothed-lined corrugated plastic pipe culvert, which will impact 0.014 acre of palustrine emergent wetlands; 2) a 91-foot long 18-inch smoothed-lined corrugated plastic pipe culvert, which will impact 0.095 acre of palustrine emergent wetlands; 3) 79-foot long 18-inch smoothed-lined corrugated plastic pipe culvert, which will impact 0.031 acre of palustrine emergent wetlands; 4) fill a total of 0.154 acre of palustrine emergent wetlands at four locations due to road grading all in an UNT to Paxton Creek (WWF) (Harrisburg East, PA Quadrangle Latitude: 40° 18` 31", Longitude: 76° 48` 39", N: 10.5 inches; W: 8.4 inches) in Lower Paxton Township, Dauphin County. The applicant proposes to mitigate 0.03 acre of wetlands.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E14-489. The Pennsylvania State University Office of Physical Plant, 113 Physical Plant Building, University Park, PA 16802. Slab Cabin Run, in College Township, Centre County, ACOE Baltimore District (State College, PA Quadrangle N: 11.7 inches; W: 11.8 inches).
To construct, operate, and maintain the following encroachments in five locations in the floodway of Slab Cabin Run in College Township, Centre County: Phase 1: Three in-stream log cross vanes immediately downstream of SR 26, combined with two less than 1 foot deep shallow conveyance channel excavations. The construction area is approximately 1.39 acres of total disturbance (State College, PA Quadrangle: Latitude 40° 48` 43.74"; Longitude 77° 49` 51.78"); Phase 2: Three in-stream rock cross vanes at selected locations, combined with 2 less than 1-foot deep shallow conveyance channel excavations. The construction area is approximately 1.20 acres of total disturbance (State College, PA Quadrangle: Latitude 40° 48` 57.0"; Longitude 77° 50` 6.96"); Phase 3a: One in-stream rock cross vane structure at selected location, combined with 2 less than 1-foot deep shallow conveyance channels and one of the channels routed under an existing asphalt bike path by five 4-foot wide by 12-foot long by 1-foot deep box culverts placed next to each other. The construction area is approximately 1.3 acres of disturbance (State College, PA Quadrangle: Latitude 40° 49` 4.98"; Longitude 77° 49` 59.4"); Phase 3b: One in-stream rock cross vane structure at selected location, combined with minimal floodplain excavation for wetland creation. Construction area is approximately 0.36 acre of disturbance (State College, PA Quadrangle: Latitude 40° 49` 8.04"; Longitude 77° 50` 2.28"); 542 linear feet of 6 foot wide wooden walkway elevated 18-20 inches above the ground on Duckbill, anchored 6-inch by 6-inch wooden piers to cross the wetland in the 100-year floodway of Slab Cabin Run is an extension of an existing multi-path educational/site seeing system within the Mill Brook Marsh Nature Center (State College, PA Quadrangle Latitude 40° 48` 52"; Longitude 77° 50` 9").
E18-409. Department of Transportation, Engineering District 2-0, 1924-30 Daisy Street Extension, P. O. Box 342, Clearfield, PA 16830. SR 2004, Section A03, Structure Replacement over Duck Run in Lamar Township, Clinton County, ACOE Baltimore District (Mill Hall, PA Quadrangle N: 11.75 inches; W: 12.75 inches).
To 1) remove the existing deteriorated bridge; then to 2) construct and maintain a prestressed concrete spread box beam bridge with a 47-foot 9 1/4-inch clear span, a minimum underclearance of 7.05 feet and on a 70° skew across Duck Run; 3) permanently impact 0.028 acre of wetland and temporarily impact 0.010 acre of wetland, 4) construct and temporarily maintain a causeway made of clean R-4 rock to remove the old center pier, concrete barriers and sandbags to help with constructing the new bridge, all located immediately south of the SR 2004 and T-352 Duck Run Road intersection
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E04-314. Ellwood Investors, LLC, 107 Crystal Springs Drive, Cranberry Township, PA 16066-3929. To fill wetlands in Franklin Township, Beaver County, Pittsburgh ACOE District. (Beaver Falls, PA Quadrangle N: 18.01 inches; W: 0.92 inches and Latitude: 40° 50` 58.45"--Longitude: 80° 15` 26.03"). To place and maintain fill in 0.19 acre of wetlands (PEM) and temporarily impact 0.011 acre of wetlands (PEM) as part of a proposed residential patio home development with 18 buildings of four dwelling units each and a multi-use clubhouse. The project is located on the east side of Mercer Road approximately 3,000 feet north of its intersection with Route 288. To compensate for the wetland impact, the applicant had made a contribution to the wetland replacement fund.
E30-216. Fish and Boat Commission, 450 Robinson Lane, Bellefonte, PA 16923-9616. To construct a stormwater outfall and dock in Monongahela Township, Greene County, Pittsburgh ACOE District. (Masontown, PA Quadrangle N: 8.8 inches; W: 5.1 inches and Latitude: 39° 47` 56"--Longitude: 79° 48` 17"). To construct and maintain a stormwater outfall, a 20` × 104` pre-cast concrete boat launching ramp, a 30` × 15` concrete fishing pier, a 40` × 6` boarding dock attached to a 15` × 8` bulkhead, and bank stabilization using R-6 rip rap. The facility will be located on the west bank of the Monongahela River (WWF) near River Mile 84.
E26-334. The Redevelopment Authority of the County of Fayette, 45 East Main Street, 500 Court Plaza Tower, Uniontown, PA 15401. To fill an unnamed tributary and a wetland in South Union Township, Fayette County, Pittsburgh ACOE District. (New Salem, PA Quadrangle N: 1.0 inches; W: 0.8 inches and Latitude: 39° 54` 59"--Longitude: 79° 45` 34"). To fill and maintain 480 LF of unnamed tributary to Jennings Run (WWF), fill and maintain 0.42 acre of adjoining PEM wetland; construct and maintain 0.5 acre of replacement PEM wetland on site; and construct and maintain a 48-inch diameter stormwater outfall with riprap outlet. To mitigate for the stream impacts, 355 LF of stream mitigation is to be constructed and maintained in the adjoining Coal Lick Run watershed (New Salem, PA Quadrangle N: 1.0 inches; W: 0.8 inches and Latitude: 39° 52` 49"--Longitude: 79° 45` 20"). This project is associated with the commercial development located adjacent to the south side of SR 40 and is approximately 2 miles northwest of Uniontown.
E56-333. Conemaugh Township, 1120 Tire Hill Road, Johnstown, PA 15905. To construct streambank work and access ramp in Conemaugh Township, Somerset County and Stonycreek Township, Cambria County, Pittsburgh ACOE District. (Johnstown, PA Quadrangle N: 5.04 inches; W: 6.51 inches and Latitude: 40° 16` 40"--Longitude: 78° 55` 18"). To construct and maintain two channel deflectors, two drop structures, stone riprap streambank protection and an access ramp in and along Stonycreek River (WWF), and to regrade the stream bed, to create a recreational whitewater course. The project will affect approximately 710 feet of watercourse and a deminimus amount of wetland (0.05 acre). The project site is located along Greenhouse Park on SR 403.
E63-484-A1. Cherry Valley Lake Development Company, P. O. Box 273, Atlasburg, PA 15004. To amend Permit E63-484 by constructing an arch culvert in Mount Pleasant Township, Washington County, Pittsburgh ACOE District. (Midway, PA Quadrangle N: 15.3 inches; W: 11.4 inches and Latitude: 40° 19` 10"--Longitude: 80° 20` 01"). To construct and maintain an arch culvert having a span of 33.0 feet with an underclearance of 12.4 feet across the channel of Racoon Creek (WWF) to provide access to the Cherry Valley Lake Residential Development located just downstream from the Cherry Valley Reservoir (D63-056).
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E25-693, Harborcreek Township, 5601 Buffalo Road, Erie, PA 16421. Shades Beach Boat Launch, in Harborcreek Township, Erie County, ACOE Pittsburgh District (Harborcreek, PA Quadrangle N: 12.0 inches; W: 5.1 inches).
Remove the existing boat launch facility and for the purposes of improving boater safety, providing an efficient boat launch, and improving public access to Lake Erie, to construct and maintain a protected boat launch including maintenance dredging in Lake Erie at Shades Beach adjacent to the mouth of Eightmile Creek approximately 0.4 mile N of the intersection of SR 5 and Bartlett Road involving 1) to construct an approximately 530-foot long, 50-foot wide L-shaped, rubble mound, west breakwall with concrete walkway extending approximately 270 feet into Lake Erie; 2) to construct an approximately 240 foot long, 50-foot wide rubble mound, east breakwall with concrete walkway extending approximately 170 feet into Lake Erie; 3) to construct a four launch lane, reinforced concrete boat launch and armored slope having dimensions of approximately 65 feet by 130 feet and having two 90-foot long steel docks; 4) to construct a 250 foot by 75 foot parking and boat launch entrance area; 5) to install a fillet beach on the west side of the west breakwall; 6) to dredge to 565.0 feet elevation for project construction; 7) to conduct maintenance dredging of the facility and maintenance near-shore sand bar removal, 7) to develop an environmental education program as mitigation to compensate for loss of aquatic habitat; 8) to place 6,400 cubic yards of sand on the shoreline at or just below the Ordinary High Water Mark of 572.8 International Great Lakes Datum 1955 in the area downdrift (to the east) of proposed construction, and 9) to implement the beach nourishment monitoring/action/mitigation plan as described in the application and special conditions of this permit.
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.
D21-003EA South Middleton Township, 520 Park Drive, Boiling Springs, PA 17007, South Middleton Township, Cumberland County, ACOE Baltimore District.
Project proposes to breach and remove Wittlinger Dam across Yellow Breeches Creek (HQ-CWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The project will restore approximately 1,400 feet of stream channel. The dam is located approximately 3300 feet south of the intersection of Forge Road (SR2003) and SR174 (Carlisle, PA Quadrangle N: 2.85 inches; W: 0.4 inches).
EA14-005CO. Mr. and Mrs. Paul Weener, 1023 Torrey Lane, Boalsburg, PA 16827, Harris Township, Centre County, ACOE Baltimore District.
Project proposes to construct, operate and maintain a nonjurisdictional dam across a tributary to Spring Creek (CWF) for recreational and aesthetic purposes. The project will impact approximately 80 feet of stream channel. The dam is located approximately 2,900 feet southeast of the intersection of Torrey Lane (T362) and Loop Road (T357) (State College, PA Quadrangle, N: 3.75", W: 3.8").
D09-128EA. Rick Dalton, Park Superintendent, 11 Lodi Hill Road, Upper Black Eddy, PA 18972-9540, Tinicum Township, Bucks County, ACOE Philadelphia District.
Project proposes to breach and remove Ralph Stover Dam across Tohickon Creek (HQ-CWF, MF) for the purpose of eliminating a threat to public safety, restoring the stream to a free flowing condition, and providing unobstructed fish passage to resident and migratory fishes. The project will restore approximately 1,750 feet of stream channel. The dam is located approximately 3,800 feet south of the intersection of Stover Park Road and Tory Road (Lumberville, PA-NJ Quadrangle N: 11.2 inches; W: 13.9 inches).
SPECIAL NOTICES
HAZARDOUS SITES CLEANUP UNDER THE ACT OF OCTOBER 18, 1988
Proposed Consent Order and Agreement
Calgon Carbon Corporation, Mays/Hickman Road Site, Robinson Township, Allegheny County The Department of Environmental Protection (Department), under the authority of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.101--6020.1305), has entered into a proposed Consent Order and Agreement (CO&A) with Calgon Carbon Corporation (Calgon). The proposed CO&A resolves the HSCA generator liability of Calgon for reimbursement of costs expended by the Department at property located in Robinson Township, Allegheny County (Site).
Calgon is a successor-in-interest to Pittsburgh Activated Carbon (PAC). As such, Calgon inherited HSCA liability incurred by PAC by virtue of PAC's generation of various hazardous substances and its arrangement for the transport of those hazardous substances to the Site and their disposal there, resulting in those hazardous substances' release and threatened release into the environment.
Beginning in the mid-1950s and until at least 1964, Jake Phillips, Sr. hauled to the Site carbon sweepings dross and various industrial waste from the Pittsburgh Coke and Chemical facility (mid-1950s through 1959) and from the Pittsburgh Activated Carbon facility (1960 through 1964), both located on Neville Island. In September 1959, Jake Phillips, Sr. incorporated his hauling business as the Phillips Contracting Company, Inc. (PCC). The hauling from the two facilities conducted by Jake Phillips, Sr. and by PCC resulted in disposal at the Site of about 1,200 tons of carbon sweepings and industrial waste, including eight leaking 55 gallon drums.
A 1993 EPA investigation and 1994 and 2001 investigations by the Department found contamination in the form of various volatile and semi-volatile organics at the Site. In 2003, to address this contamination, the Department conducted an interim response pursuant to section 501(a) of HSCA (35 P. S. § 6020.501(a)). The Department's interim response entailed the removal and proper disposal of all Site waste. As a result of its Site investigation and its interim response, the Department incurred costs in the amount of $1,385,368.
In September 2003, the Department settled its costs claim against Wilmington Securities, Inc. (Wilmington), for $420,000. Wilmington inherited HSCA generator liability from its corporate predecessor, Pittsburgh Coke and Chemical. In November 2005, the Department settled its costs claim against Earlin Equipment Company, Inc. (Earlin) for $125,000. Earlin inherited HSCA transporter liability from its corporate predecessor, PCC.
The Department's proposed CO&A with Calgon calls for payment by Calgon of $515,000, in three installments over a 1-year period, in exchange for the Department's covenant not to sue.
Under section 1113 of HSCA (35 P. S. § 6020.1113), the Department is publishing notice of the proposed CO&A and will provide a 60-day period for public comment on the CO&A beginning with the date of this publication. Copies of the CO&A can be reviewed or obtained by contacting Terry Goodwald at the Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222 or by calling Terry Goodwald at (412) 442-4000. Persons may submit comments on the proposed CO&A during the 60-day public comment period only. Comments can be sent to Terry Goodwald at the address noted or may be delivered to him in person at the Department's Pittsburgh office.
The Department has reserved the right to withdraw its consent to the CO&A if comments submitted during the 60-day public comment period disclose facts or considerations which indicate, in the Department's judgment, that the CO&A is inappropriate or not in the public interest.
Certification to Perform Radon-Related Activities in this Commonwealth In the month of August 2005 the Department of Environmental Protection, under the Radon Certification Act (63 P. S. §§ 2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the following persons to perform radon-related activities in this Commonwealth. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in this Commonwealth 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 Michael Biechler 2466 Roundtop Road
Middletown, PA 17057Testing Brett Burkett
Burkett Building Care127 West College Avenue
Pleasant Gap, PA 16823Mitigation Perry Ecksel 626 Jacksonville Road
Suite 200
Warminster, PA 18974Testing Paul Edwards 215 Kelso Circle
Collegeville, PA 19426Testing Theresa Edwards 215 Kelso Circle
Collegeville, PA 19426Testing Samuel Feyka 9080 Iriquois Trail
Negley, OH 44441Testing James Hughes 747 Jackson Road
Stewartsville, NJ 08886Testing Douglas Kaup 263 Sewickley Oakmont Road
Pittsburgh, PA 15237Testing Daniel Keogh
Peach Inspections518 Kimberton Road
Suite 311
Phoenixville, PA 19460Testing Cornelius McNeil 651 Weigle Hill Road
Elizabeth, PA 15037Testing Robert L. Meyer 124 Partridge Way
Landenberg, PA 19350Testing Eric Mills 1341 North Delaware Avenue
Suite 205
Philadelphia, PA 19125Testing Jeffrey Nicholls P. O. Box 400
Henryville, PA 18332Testing Onega, LLC--AmeriSpec 333 Lindsay Road
Zelienople, PA 16063Testing Troy Rudy
Allied Home Inspections, Inc.44 West Liberty Street
Lancaster, PA 17603Mitigation Jeffrey Smith 726 East Walton Avenue
Altoona, PA 16602Testing John Staz, III 1738 North Third Street
Suite A
Harrisburg, PA 17102Testing Matthew Thomson 3410 Carlisle Road
Dover, PA 17315Testing
Program Award Information
Program: Stormwater Planning and Management Amount: $12,000 Recipient: Cumberland County Planning Commission County: Cumberland County Municipalities: Camp Hill Borough, Carlisle Borough, Cook Township, Dickinson Township, East Pennsboro Township, Hampden Township, Hopewell Township, Lemoyne Borough, Lower Allen Township, Lower Frankford Township, Lower Mifflin Township, Mechanicsburg Township, Middlesex Township, Monroe Township, Mt. Holly Spring Borough, New Cumberland Borough, Newburg Borough, Newville Borough, North Middleton Township, North Newton Township, Penn Township, Shippensburg Borough, Shippensburg Township, Shiremanstown Borough, Silverspring Township, South Middleton Township, South Newton Township, Upper Allen Township, Upper Frankford Township, Upper Mifflin Township and Wormleysburg Borough. CONTACT: Kirk Stoner, Cumberland County Planning Commission, 18 North Hanover Street, Suite 102, Carlisle, PA 17103. DEP: Barry A. Newman, M.S., P. E., (717) 772-5661 PURPOSE: Complete Phase I ''Scope of Study'' report required for preparation of an Act 167 Storm Water Management Plan for the entire Cumberland County.
Action on First Application of Nonexceptional Value Sewage Sludge Under General Permit PAG-8 OR PAG-9 Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
The Department of Environmental Protection (Department) has previously approved coverage under General Permit PAG-8. General Permit PAG-08-9908 authorizes the beneficial use of biosolids by land application to a reclamation site. The purpose of this notice is to advise the public that the Department has reviewed the Notice for First Land Application of Sewage Sludge for Kyler Environmental Services, Ltd, 1269 Piedmont Road, Somerset, PA 15501 on the Stoltsfus property (Permit No. 17068001), located in Jordan Township, Clearfield County, and has determined that the site is suitable for land application of biosolids effective August 18, 2006.
The actions of the Department may be appealed to the Environmental Hearing Board (Board), 2nd Floor, Rachel Carson Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457 by an aggrieved person under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 PaC.S. & 501--508 and 701--704 (relating to the Administrative Agency Law). Appeals must be filed within 30 days of the date of this issue of the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practices and procedure may be obtained from the Board.
Planning Grant Awards Under Section 901 of the Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988, Act 101The Department of Environmental Protection (Department) announces the following grants to counties under the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act 101, P. L. 556, section 901 and section 208 of the Waste Tire Recycling Act/Small Business and Household Pollution Prevention Act (Act 190 of 1996).
Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by Act 101, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, environmental mediation, education programs on pollution prevention and household hazardous waste and providing technical assistance to small businesses for pollution prevention. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101, and the availability of monies in the Recycling Fund. Inquiries regarding the grant offerings should be directed to Sally Lohman, Chief, Waste Planning Section, Department of Environmental Protection, Bureau of Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472.
Act 101, Section 901 Planning Grant
Region County Applicant Project Description Grant Award Northwest Mercer Mercer County Recycling Study $38,451
[Pa.B. Doc. No. 06-1809. Filed for public inspection September 15, 2006, 9:00 a.m.]
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