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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 09-2152c

[39 Pa.B. 6664]
[Saturday, November 21, 2009]

[Continued from previous Web Page]

LAND RECYCLING AND ENVIRONMENTAL REMEDIATION

UNDER ACT 2, 1995

PREAMBLE 3


The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101—6026.908).

 Provisions of 25 Pa. Code § 250.8, administration of the Land Recycling and Environmental Remediation Standards Act (act), require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the act for compliance with selection of remediation to a Site-Specific Standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.

 For further information concerning the plans and reports, contact the Environmental Cleanup Program manager in the Department regional office before which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the Community Relations Coordinator at the appropriate regional office. TDD users may telephone the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

 The Department has received the following plans and reports:

Southeast Region: Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401.

Intersection of Route, 10 Gun Tree Road, Highland Township, Chester County. Jeffery Wynn, Patriot Environmental Management, LLC, P. O. Box 629, Douglassville, PA 19518, David McCorry, The Mack Services Group, P. O. Box 557, Berwyn, PA 19312 has submitted a 90-day Final Report concerning the remediation of site soil contaminated with no. 2 fuel oil. The Final report demonstrated attainment of the Statewide Health Standard and was approved by the Department of Environmental Protection on October 28, 2009.

Flats Redevelopments Site, City of Coatesville Chester County. Sharon Smith, Weston Solutions, Inc., 1403 Weston Way, Chester, PA 19380, E. Jean Krack, Redevelopment Authority of the City of Coatesville, One City Hall Palace, Coatesville, PA 19320 has submitted a Cleanup Plan concerning the remediation of site groundwater and soil contaminated with inorganics and organic compounds. The Cleanup Plan was approved by the Department of Environmental Protection on September 22, 2009

Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.

PMC—Dale & Frances Hughes Cancer Treatment Center, 231 East Brown Street, East Stroudsburg Borough, Monroe County. Martin Gilgallon, Pennsylvania Tectonics, Inc., 826 Main Street, Peckville, PA 18452 submitted a Final Report (on behalf of his client, Pocono Medical Center, 206 East Brown Street, East Stroudsburg, PA 18301), concerning the remediation of soil found to have been impacted by off-road diesel fuel as a result of a release, which occurred from a vent pipe on an unregulated, backup generator day tank. The report documented attainment of the Statewide Health Standard for soils and was approved on October 27, 2009. The report was originally submitted within 90 days of the release.

OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE


Permit issued under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101—4000.1904) and Regulations to Operate Solid Waste Processing or Disposal Area or Site.

Southwest Region: Regional Solid Waste Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Telephone 412-442-4000.

Permit ID No. 301326, Lubriclear of Pittsburgh, L.P., Aladdin Road, Schenley, PA 15682. Permit renewal for a residual waste oil processing facility in Gilpin Township, Armstrong County issued by the Regional Office on November 4, 2009.

DETERMINATION OF APPLICABILITY FOR RESIDUAL WASTE GENERAL PERMITS


Determination of Applicability for General Permit issued under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003); and Residual Waste Regulations for a General Permit To Operate Residual Waste Processing Facilities (25 Pa. Code § 287.611 relating to authorization for general permit).

South Central Regional Office: Waste Management Program, 909 Elmerton Avenue, Harrisburg, PA 17110-8200.

General Permit No. WMGR028-SC003. Glenn O. Hawbaker, Inc., 711 East College Avenue, Bellefonte, PA 16823. The Department of Environmental Protection (Department) has issued a Determination of Applicability under General Permit WMGR028 to York Building Product Company for the use of baghouse fines and scrubber pond precipitates for use as an aggregate in roadway construction, a soil additive, a soil conditioner, or a component or ingredient in the manufacturing of construction products. This Determination of Applicability was issued on November 4, 2009 and is for their #5 and #6 Milroy plants located at 155 Hotsteler Quarry Road, Milroy, PA 17063.

 Persons interested in reviewing the general permit may contact John Oren, Facilities Manager, Waste Management Program, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4706. TDD users may contact the Department through the Pennsylvania AT&T Relay Service, (800) 654-5984.

AIR QUALITY


General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. Contact: Barb Hatch, Environmental Engineer Managers—Telephone: 412-442-4163/5226.

GP3-63-00952: Fayette Coal & Coke, Inc. (195 Enterprise Lane, Connellsville, PA 15425) on October 26, 2009, authorized under GP3 to install and operate one (1) Chiefton 2400 vibratory screen and one (1) Metso/Nordberg LT-105 crusher at their 221 LNC Site facility in Buffalo Township, Washington County.

GP9-63-00952: Fayette Coal & Coke, Inc. (195 Enterprise Lane, Connellsville, PA 15425) on October 26, 2009, authorized under GP9 to install and operate one (1) Deutz BF6M2012C diesel engine and one (1) Caterpillar C9 diesel engine at their 221 LNC Site facility in Buffalo Township, Washington County.

GP5-65-00945A: Dominion Exploration & Production, Inc. (280 Indian Springs Rd, Ste 333, Indiana, PA 15701-3655) on November 6, 2009, authorized under GP5 to install and operate one (1) Caterpillar G3516 LE 1340-bhp compressor engine and one (1) NATCO 5GR-150KR40 .150mmBtu dehydrator at their Bell Point Compressor Station facility in Bell Township, Westmoreland County.

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481. Contact: Mark Gorog, New Source Review Chief—Telephone: 814-332-6940.

GP3-61-217A: Bedrock Mines, L.P. (Georgetown Road, Nectarine, PA 16038) on November 3, 2009, to operate a portable nonmetallic mineral processing plant (BAQ-GPA/GP-3) at their facility in Irwin Township, Venango County.


Plan Approvals Issued under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.

Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110. Contact: William R. Weaver, New Source Review Chief—Telephone: 717-705-4702.

ER-01-05002A: Masterbrand Cabinets, Inc. (P. O. Box 420, Jasper, IN 47547-0420) on November 3, 2009, for Emission Reduction Credit in Littlestown Borough, Adams County.

ER-22-05051B: The Hershey Co. (1025 Reese Avenue, Hershey, PA 17033) on November 2, 2009, for Emission Reduction Credit in Derry Township, Dauphin County.

67-03034A: B-Way Packaging (599 Davies Drive, York, PA 17402-8630) on October 29, 2009, for installation of a new aerosol can coat line in Springettsbury Township, York County.

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481. Contact: Mark Gorog, New Source Review Chief—Telephone: 814-332-6940.

25-069N: BASF Catalysts, LLC (1729 East Avenue, Erie, PA 16503) on October 27, 2009, to operate a fluidized bed reactor, loading hopper and two dust collection systems to capture particulate matter at their facility in the City of Erie, Erie County. This is a State Only facility.

25-124D: Mayer Brothers Construction Co. (1902 Cherry Street, Erie, PA 16502) on November 3, 2009, to increase their existing hot mix asphalt plant's annual production limit from 100,000 tons to 250,000 tons of asphalt paving material at their facility in the City of Erie, Erie County. This is a State Only facility.


Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code §§ 127.13, 127.13a and 127.32.

Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401 Contact: Sachin Shankar, New Source Review Chief—Telephone: 484-250-5920.

46-0268: Colorcon, Inc. (415 Moyer Boulevard, West Point, PA 19486) on November 3, 2009, to operate a diesel fuel/#2 fuel oil-fired internal combustion engine/electric generator in Lower Salford Township, Montgomery County.

23-0016A: PQ Corp. (1201 West Front Street, Chester, PA 19013) on November 2, 2009, to operate low-Nox burners and a batch wetting system in City of Chester, Delaware County.


Title V Operating Permits Issued under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and Pa. Code Chapter 127, Subchapter G.

Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401. Contact: Janine Tulloch-Reid, Facilities Permitting Chief—Telephone: 484-250-5920.

15-00017: Transcontinental Gas Pipeline Company, LLC. (60 Bacton Hill Road, Frazer, PA 19355) on November 5, 2009, for renewal of the original Title V Operating Permit issued on October 7, 2004, and no changes made since it was issued in East Whiteland Township, Chester County. The permit includes monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.

Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. Contact: Barbara Hatch, Facilities Permitting Chief—Telephone: 412-442-4174.

65-00713: Greenridge Reclamation, LLC (232 Landfill Road, Scottdale, PA 15683-7762) on October 30, 2009, for continued operation of a municipal solid waste landfill, gas collection and control system, and soil processing system at their Greenridge Reclamation Landfill in East Huntingdon Township, Westmoreland County. The facility wide potential emissions of air contaminants are 50.32 tpy of NOx, 25.79 tpy of SOx, 32.81 tpy of VOCs, 16.38 tpy of PM10 and 133.8 tpy of CO. The Operating Permit contains applicable emission limits, as well as testing, monitoring, recordkeeping and reporting requirements.

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481. Contact: Matthew Williams, Facilities Permitting Chief—Telephone: 814-332-6940.

20-00145: Pittsburgh Glass Works, LLC.—PGW (Kebert Industrial Park, Meadville, PA 16335) on November 2, 2009, to re-issue a Title V Permit to operate a flat glass manufacturing facility in Greenwood Township, Crawford County. The facility's major emission sources include Boilers 1, 2, 3, and 4, glass furnaces 1 & 2, Wareroom packers B & C, wareroom packers 1, 2, & 3, cullet drop 0 line 1, cullet drop 0 line 2, raw material transfer, check scale line 1, check scale line 2, wareroom packer A, ede L1 generator, ede L2 generator, ede boiler room, ede L1 mill water, ede L2 mill water, ede fire water pump, ede city water pump, surface passivation 1, surface passivation 2, raw material transfer, soda ash silo, soda silo (2), cullet silo (3), limestone silo, gypsum silo, dolomite silo, w system line 1, w system line 2, batch mixer line 1, batch mixer line 2, parts cleaner (safety kleen 77 gallons) and newly added soda ash handling system. PGW is a major facility due to NOx and SOx emissions more than 100 tons per year. The facility is not subject to CAM plan because the pre-controlled emissions were not exceeding Title V threshold limits.


Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter F.

Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110. Contact: William R. Weaver, New Source Review Chief—Telephone: 717-705-4702.

06-03047: Metropolitan Steel Industries, Inc. (601 Fritztown Road, Sinking Spring, PA 19608) on October 13, 2009, for their structural steel fabrication facility in Spring Township, Berks County. This is a renewal of the State-only operating permit.

21-03033: Lane Enterprises, Inc. (1244 Claremont Road, Carlisle, PA 17015-9742) on October 28, 2009, for their highway metal component production and repair facility in Middlesex Township, Cumberland County. This is a renewal of the State-only operating permit.

67-03007: Cooper Industries, Inc. (3990 East Market Street, York, PA 17402-2769) on October 29, 2009, for their production of steel chains in Springettsbury Township, York County. This is a renewal of the State-only operating permit.

67-03080: Herculite Products, Inc. (P. O. Box 435, Emigsville, PA 17318) on October 30, 2009, for their specialty fabrics manufacturing facility in Manchester Township, York County.


Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.

Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401. Contact: Janine Tulloch-Reid, Facilities Permitting Chief—Telephone: 484-250-5920.

23-00014: Kimberly-Clark of Pa, LLC (Front St. and Ave of the Sates, Chester, PA 19013). On November 3, 2009, located at Front St. and Ave of the States, Chester City, Delaware County. The conditions of Title V Operating Permit were amended for T-10-4 Converting Area, Source ID 125D, with a Baghouse, Source Id C125D1, and a Scrubber, Source Id C125D2. This Title V Operating Permit was administratively amended to incorporate Plan Approval No. 23-0014F.

23-00024: Hanson Aggregate Pennsylvania, Inc. (523 West Forge Road, Glen Mills, PA 19342). On November 5, 2009 located in Middletown and Thornbury Townships, Delaware County. The Administrative Amendment incorporates the conditions of Plan Approval PA 23-0024D for operation of two dust collectors. The permit includes monitoring, recordkeeping and reporting requirements designed to keep the facility within all applicable air quality requirements.


Operating Permits Denied, Terminated, Suspended or Revoked under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code §§ 127.431 and 127.461.

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481. Contact: Matthew Williams, New Source Review Chief—Telephone: 814-332-6940.

10-00311: FB Leopold Co. (227 South Division Street, Zelienople, PA 16063-1313) on November 4, 2009, to revoke their Title V Operating Permit for operation of a fiberglass spray-up facility in the Borough of Zelienople, Butler County. This operating permit was revoked because of a permanent shutdown of operations at the facility.

37-00261: Hickman Williams & Co. (8050 Rowan Road, Suite 401, Cranberry Twp., PA 16066) on November 4, 2009, to revoke their State Only Operating Permit for the Pittsburgh Carbon Products Division at 339 Industrial Park Drive in New Beaver Borough, Lawrence County. This operating permit was revoked because of a permanent shutdown of operations at the facility.

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


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

Coal Permits Actions

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

17031701 and NPDES Permit # PA0235504, Lady Jane Collieries, Inc., (2 North Ninth Street, Allentown, PA 18101), to renew the permit for the Horning Run Passive Treatment in Huston Township, Clearfield County and related NPDES permit. No additional discharges. Application received: September 5, 2008. Permit issued: November 4, 2009.

32031301 and NPDES Permit # PA0235580, Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201), to revise the permit for the Lowry Deep Mine in White Township, Indiana County to add acres to the subsidence control plan area boundary. Subsidence Control Plan Acres Proposed 316.6. No additional discharges. Application received: May 29, 2009. Permit issued: November 4, 2009.

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

56890110 and NPDES No. PA0598551. Hoffman Mining, Inc., P. O. Box 130, 118 Runway Road, Friedens, PA 15541, permit renewal for reclamation only of a bituminous surface and auger mine in Shade Township, Somerset County, affecting 67.6 acres. Receiving stream(s): Whiskey Run to Dark Shade Creek classified for the following use(s): cold water fishery. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Stonycreek SWI. Application received: July 28, 2009. Permit issued: October 30, 2009.

56930114 and NPDES No. PA0212679. Fieg Brothers, 3070 Stoystown Road, Stoystown, PA 15563, permit renewal for reclamation only of a bituminous surface mine in Brothersvalley Township, Somerset County, affecting 28.8 acres. Receiving stream(s): unnamed tributaries to/and Buffalo Creek classified for the following use(s): cold water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: August 21, 2009. Permit issued: October 30, 2009.

56890102 and NPDES No. PA0598372. Svonavec, Inc., 150 West Union Street, Suite 201, Somerset, PA 15501, permit renewal for reclamation only of a bituminous surface and auger mine in Lower Turkeyfoot Township, Somerset County, affecting 92.5 acres. Receiving stream(s): unnamed tributaries to/and Casselman River classified for the following use(s): warm water fishery. The first downstream potable water supply intake from the point of discharge is Ohiopyle Borough Municipal Waterworks Youghiogheny River SWW. Application received: June 17, 2009. Permit issued: November 3, 2009.

56753119 and NPDES No. PA0606201. Jenners, Inc., P. O. Box 171, Shelocta, PA 15774, permit renewal for the continued operation and restoration of a bituminous surface mine in Jenner Township, Somerset County, affecting 485.9 acres. Receiving stream(s): unnamed tributaries to Quemahoning and Hoffman Creeks classified for the following use(s): cold water fishery. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Quemahoning SWI. Application received: September 16, 2009. Permit issued: November 3, 2009.

32820134 and NPDES No. PA0606154. The Arcadia Company, Inc., 175 McKnight Road, Blairsville, PA 15717, permit renewal for reclamation only of a bituminous surface mine in Grant, Banks, Canoe and Montgomery Townships, Indiana County, affecting 1166 acres. Receiving stream(s): unnamed tributaries to/and Little Mahoning Creek and unnamed tributary to Cush Creek classified for the following use(s): high quality cold water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: September 11, 2009. Permit issued: November 5, 2009.

56030104 and NPDES No. PA0249459. Elk Lick Energy, Inc., P. O. Box 240, Friedens, PA 15541, permit renewal for reclamation only of a bituminous surface and coal preparation/processing facility mine in Jenner and Quemahoning Townships, Somerset County, affecting 171.9 acres. Receiving stream(s): Two Mile Run to Quemahoning Reservoir classified for the following use(s): cold water fishery. The first downstream potable water supply intake from the point of discharge is Cambria-Somerset Authority. Application received: September 14, 2009. Permit issued: November 5, 2009.

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500.

02090101 and NPDES Permit No. PA0251585. Neiswonger Construction, Inc. (17592 Route 322, Strattanville, PA 16258). Permit issued for commencement, operation, and reclamation of a bituminous surface/auger mining site located in Jefferson Hills Borough, Allegheny County, affecting 79.9 acres. Receiving streams: unnamed tributary to Monongahela River. Application received: March 16, 2009. Permit issued: November 5, 2009.

Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.

16940107 and NPDES Permit No. PA0226831. RFI Energy, Inc. (P. O. Box 162, Sligo, PA 16255) Revision to an existing bituminous strip & beneficial use of coal ash operation to add coal refuse disposal in Perry Township, Clarion County affecting 217.0 acres. Receiving streams: Five unnamed tributaries to Cherry Run. Application received: September 3, 2009. Permit Issued: October 30, 2009.

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.

17803108. SRP Coal Company, Inc. (5510 State Park Road, Penfield, PA 15849). Permit renewal for reclamation only of a bituminous surface mine in Lawrence Township, Clearfield County, affecting 55.0 acres. Permit issued: October 23, 2009.

Noncoal Permits Actions

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500.

02850301. LaFarge North America, Inc. (5160 Main Street, Whitehall, PA 18052). Permit renewed for reclamation only of a large noncoal surface mine located in West Mifflin Borough, Allegheny County, affecting 68.2 acres. Receiving stream: Lewis Run. Application received: August 24, 2009. Reclamation-only renewal issued: October 29, 2009.

26092801. Fayette Coal & Coke, Inc. (195 Enterprise Lane, Connellsville, PA 15425). Permit issued for commencement, operation, and reclamation of a small noncoal (slag processing) surface mining site located in Dunbar Township, Fayette County, affecting 6.4 acres. Receiving stream: Dunbar Creek. Application received: March 4, 2009. Permit issued: November 4, 2009.

Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.

62090301 and NPDES Permit No. PA0258750. I. A. Construction Corp. (158 Lindsay Road, Zelienople, PA 16063-2812) Commencement, operation and restoration of a large sand & gravel operation in Pittsfield Township, Warren County affecting 57.0 acres. Receiving streams: Brokenstraw Creek. Application received: February 13, 2009. Permit Issued: November 4, 2009.

1910-62090301-E-1. I. A. Construction Corp. (158 Lindsay Road, Zelienople, PA 16063-2812) Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributary No. 1 to Brokenstraw Creek in Pittsfield Township, Warren County. Receiving streams: Brokenstraw Creek. Application received: February 13, 2009. Permit Issued: November 4, 2009.

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

58092805. Ryan Ruark, (P. O. Box 127, Meshoppen, PA 18630), commencement, operation and restoration of a quarry operation in Auburn Township, Susquehanna County affecting 5.0 acres, receiving stream: none. Application received: August 20, 2009. Permit issued: November 2, 2009.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151—161); and 25 Pa. Code § 211.124 (relating to blasting activity permits). 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

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500.

26094011. Demtech, Inc. (65 Bald Mountain Road, DuBois, WY 82513). Blasting activity permit for demolition of the coal conveyer crossing over Monongahela River, located in Luzerne Township, Fayette County. The duration of blasting is expected to be 2 months. Blasting activity permit issued: November 2, 2009.

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

15094109. Rock Work, Inc., (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for New Garden Flying Field in New Garden Township, Chester County with an expiration date of October 31, 2010. Permit issued: October 30, 2009.

46094118. Rock Work, Inc., (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for The Village at Valley Forge Development in Upper Merion Township, Montgomery County with an expiration date of October 31, 2010. Permit issued: October 30, 2009.

19094001. Stephen Seier, (1804 Tacoma Street, Allentown, PA 18109) and ORICA USA, (971 Mountain Road, Bloomsburg, PA 17815), construction blasting for Stephen Seier Cabin Foundation and Septic Trench in Sugarloaf Township, Columbia County with an expiration date of December 31, 2009. Permit issued: November 3, 2009.

09094107. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Highway/Road, SR Route 202 Phase 2, in Warrington Township, Bucks County with an expiration date of October 8, 2010. Permit issued: November 3, 2009.

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 AT&T 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 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 Floodplain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 P. S. §§ 691.1—691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).

Permits, Environmental Assessments and 401 Water Quality Certifications Issued:

WATER OBSTRUCTIONS AND ENCROACHMENTS

Northcentral Region: Watershed Management Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.

E41-599. Hiawatha, Inc., 1500 West Third Street, Williamsport, PA 17701-7803. Water Obstruction and Encroachment Joint Permit, in the City of Williamsport, Lycoming County, ACOE Susquehanna River Basin District (City of Williamsport, PA Quadrangle N: 41° 13` 33.24"; W: 77° 02` 54.37").

 To: construct and maintain a small addition to a park facility in the floodway of the West Branch of the Susquehanna River. The additions are being proposed to make the site ADA accessible and aid in the removal of the existing trailer each season. There will be approximately 380 square-feet of earth disturbance. The new ramp for ADA accessibility, the concrete pad for trailer removal and the retaining wall system proposed will add fill material. To balance the cuts and fills in the floodway, existing soil and landscaping will be removed. There will be no fill added to the floodway. All excavation material will be removed from the site and disposed of outside of the 100-year floodplain. This project is located 500-feet southwest of the intersection of Arch Street and Whitney Road, (City of Williamsport, PA Quadrangle N: 41° 13` 33.24"; W: 77° 02` 54.37") in the City of Williamsport, Lycoming County. This project proposes to have a minimal impact to the West Branch of Susquehanna River, which is designated a Warm Water Fishery, and does not propose to impact any jurisdictional wetlands. This permit was issued under Section 105.13(e) ''Small Projects.''

E59-487. Seneca Resources Corporation, 51 Zents Boulevard, Brookeville, PA 15825-2701. Water Obstruction and Encroachment Joint Permit, Seneca Production Pipeline SRC-2 and SRC-4, in Covington and Richmond Townships, Tioga County, ACOE Baltimore District (Crooked Creek, PA Quadrangle N: 41° 44` 49.4"; W: 77° 9` 34.1").

 To construct, operate, and maintain 1.57 miles of 6" and 0.56 miles of 8" natural gas pipeline within the Elk Run watershed (Cold Water Fishery—Wild Trout). Construction of the pipeline will require four (4) stream and three (3) wetland crossings that are as follows:

Stream Name Chapter 93 Designation Latitude Longitude
~Wetlands~
Unt. Elk Run EV 41° 44` 36.72" 77° 09` 22.56"
Unt. Elk Run EV 41° 45` 10.7" 77° 07` 28.52"
Unt. Elk Run EV 41° 45` 48.99" 77° 07` 55.96"
~Streams~
Unt. Elk Run CWF 41° 44` 36.72" 77° 09` 22.56"
Unt. Elk Run CWF 41° 45` 10.79" 77° 07` 32.18"
Elk Run CWF 41° 45` 24.23" 77° 07` 43.96"
Elk Run CWF 41° 45` 33.16" 77° 07` 47.72"

 All pipeline crossings shall be placed beneath streambeds and wetlands so there will be a minimum of 3 feet of cover between the top of the pipe and the lowest point in the streambed or wetland. Trench plugs or clay dikes shall be used at every waterway and wetland crossing to ensure the existing hydrology is not altered. As proposed, the project temporarily impacts 0.038 acre of emergent wetland and 100 linear feet of stream. The project is centered along SR 2020 approximately 2.2 miles west of the village of Covington in (Crooked Creek, PA Quadrangle N: 41° 44` 49.4"; W: 77° 9` 34.1") Covington and Richmond Townships, Tioga County.

Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

E63-615. Kriebel Minerals, Inc., P. O. Box 765, Clarion, PA 16214. To construct two culverts in Deemston Borough, Washington County, Pittsburgh ACOE District (Ellsworth, PA Quadrangle N: 4.45 inches; W: 2.15 inches, Latitude: 40° 01` 28"; Longitude: 80° 00` 55"). To construct and maintain two culverts each approximately 26-feet long, one 48-inch and one 36-inch diameter corrugated steel pipes in Fishpot Run (WWF) with inverts depressed 1 foot below the channel bed under a proposed access road to a gas well. There will be a dip on the road to convey the flows in excess of the structure's capacity.

ENVIRONMENTAL ASSESSMENTS

Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

EA56-007. National Park Service, 109 West Main Street, Suite 104, Somerset, PA 15501. To construct Phase 1A of the Flight 98 National Memorial in Stonycreek Township, Somerset County, Pittsburgh ACOE District. To:

 1. place and maintain fill, to construct and maintain a road with multiple pipes (18" or 30" minimum diameter) and to construct and maintain a boardwalk in 1.79 acres of wetland (PEM/POW),

 2. place and maintain fill in 0.2 acre of open water,

 3. remove 0.09 acre of wetland through the modification of an existing pond, and

 4. place and maintain fill in approximately 521 feet of an unnamed tributary within the Grove Run watershed (CWF),

for the purpose of constructing Phase 1A of the Flight 93 National Memorial. In addition, 2.09 acres of wetland (PEM/POW) will be temporarily impacted from the construction of a cofferdam and causeway, and 2.36 acres of open water will be temporarily dewatered, during the construction of the memorial. The project is located off of Skyline Road, approximately 1.2 miles southeast of this roadway's intersection with Lambertsville Road, in Stonycreek Township, Somerset County. To compensate for the permanent impacts, 2.55 acres of replacement wetland, 0.2 acre of open water and 1,314 feet of channel will be constructed. If successfully created, the additional wetland replacement acreage of approximately 0.67 acre will be utilized to compensate for potential impacts that may result from the construction of future phases of the memorial (Stoystown, PA Quadrangle N: 9.5"; W: 4.2", Latitude: 40° 3` 8"; Longitude: 78° 54` 16").

Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.

D10-069EA. Sumner McDanel, 103 Hicks Rd., Renfrew, PA 16053. City of Butler, Butler County, ACOE Pittsburgh District.

 Project proposes to breach and remove Collapsible Butler Dam across Connoquennessing Creek (WWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The project will restore approximately 500 feet of stream channel. The dam is located approximately 800 feet south of the intersection of East Wayne Street (SR 356) and William Flynn Highway (SR 8) (Butler, PA Quadrangle Latitude: 40° 51` 18"; Longitude: -79° 53` 42").

D06-149EA. Richard and Bethann Witman, 237 Stitzer Road, Oley, PA 19546-8727. Oley Township, Berks County, ACOE Philadelphia District.

 Project proposes to breach and remove an unnamed dam across Furnace Creek (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 300 feet of stream channel. The dam is located approximately 1,000 feet southeast of the intersection of Oley Furnace Road (T594) and Stitzer Road (T583) (Fleetwood, PA Quadrangle Latitude: 40° 24` 23"; Longitude: -75° 47` 19").

EA63-004CO. Don Blackert, 485 Horner Run Road, Amity, PA 15311. Amwell Township, Washington County, ACOE Pittsburgh District.

 To construct and maintain a nonjurisdictional dam across a tributary to Horne Run (TSF) at a point approximately 3,300 feet southwest of the intersection of Horne Run Road and SR 19 (Amity, PA Quadrangle Latitude: 40° 04` 19"; Longitude: -80° 12` 51"). The proposed dam will fill 60 lineal feet of intermittent stream channel and inundate 350 lineal feet of intermittent stream channel.

EROSION AND SEDIMENT CONTROL

 The following Erosion and Sediment Control Permits have been issued.

 Any person aggrieved by these actions may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.

 If individuals want to challenge this action, their appeal must reach the Board within 30 days. Individuals do not need a lawyer 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. If individuals cannot afford a lawyer, individuals may qualify for pro bono representation. Call the Secretary to the Board (717) 787-3483 for more information.

Northcentral Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

ESCGP-1 # ESX09-081-0012
Applicant Name Chief Oil & Gas
Contact Person Michael Hritz
Address 6051 Wallace Road Ext., Suite 210
City, State, Zip Wexford, PA 15090
County Lycoming
Township(s) Penn
Receiving Stream(s) and Classification(s) Beaver Run
ESCGP-1 # ESX09-015-0041
Applicant Name Southwestern Energy Production Company
Contact Person Scott Van Hook
Address 2530 N Sam Houston Parkway West, Suite 125
City, State, Zip Houston, TX 77032
County Bradford
Township(s) Herrick Twp.
Receiving Stream(s) and Classification(s) UNT to Cold Creek/Wyalusing Creek
ESCGP-1 # ESX09-027-0003
Applicant Name Anadarko Marcellus Midstream, LLC
Contact Person Mr. Frank Davis
Address P. O. Box 1330
City, State, Zip Houston, TX 77251-1330
County Centre
Township(s) Boggs Twp.
Receiving Stream(s) and Classification(s) UNT Council Run; Beech Creek
ESCGP-1 # ESX09-035-0004
Applicant Name Anadarko Marcellus Midstream, LLC
Contact Person Mr. Frank Davis
Address P. O. Box 1330
City, State, Zip Houston, TX 77251-1330
County Clinton
Township(s) Grugan Twp.
Receiving Stream(s) and Classification(s) Cold Fork, Eagleton Run, Baker Run
ESCGP-1 # 18-09-802
Applicant Name Anadarko E&P Company, LP
Contact Person Ms. Bertha Nefe
Address P. O. Box 1330
City, State, Zip Houston, TX 77251-1330
County Clinton
Township(s) Beech Creek Twp.
Receiving Stream(s) and Classification(s) Smoke House Run, Baker Run
ESCGP-1 # ESX09-115-0008
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 100 1ST Center
City, State, Zip Horseheads, NY 14845
County Susquehanna
Township(s) Auburn Twp.
Receiving Stream(s) and Classification(s) UNT of Tuscarora Creek
ESCGP-1 # 58-09-804
Applicant Name EXCO-North Coast Energy, Inc.
Contact Person Joel Heiser
Address One GOJO Plaza, Suite 325
City, State, Zip Akron, OH 44311-1057
County Susquehanna
Township(s) Clifford Twp.
Receiving Stream(s) and Classification(s) Idlewild Creek to East Branch Tunkhannock Creek
UNT to East Branch Tunkhannock Creek
ESCGP-1 # ESX09-015-049
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 100 1ST Center
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Monroe Twp.
Receiving Stream(s) and Classification(s) UNT to South Branch, South Branch
ESCGP-1 # ESX09-069-0007
Applicant Name EXCO-North Coast Energy, Inc.
Contact Person Joel Heiser
Address One GOJO Plaza, Suite 325
City, State, Zip Akron, OH 44311-1057
County Lackawanna
Township(s) Scott Twp.
Receiving Stream(s) and Classification(s) South Branch Tunkannock Creek
ESCGP-1 # ESX09-117-0017
Applicant Name Seneca Resources Corp.
Contact Person Doug Kepler
Address 51 Zents Boulevard
City, State, Zip Brookville, PA 15825
County Tioga
Township(s) Bloss Twp.
Receiving Stream(s) and Classification(s) Johnson Creek

SPECIAL NOTICES

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.

A. W. Long Coal Company, GFCC No. 17-08-18, Sullivan Operation, Morris Township, Clearfield County (Emigh Run to Moshannon Creek—Upper West Branch Watershed): A no-cost construction contract has been awarded to A. W. Long Coal Company that will result in the reclamation of approximately 15.0 acres of abandoned mine land, the reclamation of 1,700-feet of abandoned highwall and the daylighting and reclamation of 5.8 acres of abandoned deep mines. The site will be reclaimed and regraded to approximate original contour. Alkaline addition in the form of waste lime will be added to the mining area. A total of 145 tons of alkaline waste lime will placed on the site. The estimated value of the reclamation work is $61,600 which will be done at no cost to the Commonwealth. The site is located just northwest of Hawk Run on lands formerly mined and subsequently abandoned by Thompson Coal Company in the early 1960's. Blasting has been approved as part of the reclamation activities. Refuse reprocessing is prohibited at the site. An NPDES permit (PA-0257125) has also been approved for the site.

[Pa.B. Doc. No. 09-2152. Filed for public inspection November 20, 2009, 9:00 a.m.]



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