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PA Bulletin, Doc. No. 09-307b

[39 Pa.B. 1015]
[Saturday, February 21, 2009]

[Continued from previous Web Page]

COAL AND NONCOAL MINING ACTIVITY APPLICATIONS

   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 Act (52 P. S. §§ 30.51--30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). Mining activity permits issued in response to such applications will also address the applicable permitting requirements of the following statutes: the Air Pollution 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).

   The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of the application is available for inspection at the District Mining Office indicated above each application. Where a 401 Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for the certification.

   Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the address of the district mining office indicated above each application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121--77.123 and 86.31--86.34.

   Written comments or objections related to a mining permit application should contain the name, address and telephone number of persons submitting comments or objections; application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based.

   Requests for an informal conference, or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code §§ 77.123 or 86.34, must contain the name, address and telephone number of the requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.

   Where a National Pollutant Discharge Elimination System (NPDES) number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. The Department has made a tentative determination to issue the NPDES permit in conjunction with the mining activity permit, but the issuance of the NPDES permit is contingent upon the approval of the associated mining activity permit.

   For coal mining activities, NPDES permits, when issued, will contain effluent limits that do not exceed the technology-based effluent limitations. The proposed limits are listed in Table 1.

   For noncoal mining activities, the proposed limits are found in Table 2. Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description below specifies the parameters. The limits will be in the ranges specified in Table 1.

   More restrictive effluent limitations, restrictions on discharge volume, or restrictions on the extent of mining that may occur, will be incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91--96).

   The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 362-0600-001, NPDES Program Implementation--Memorandum of Understanding Concerning Water Quality Management, NPDES Program Implementation and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Loads (TMDLs).

   Persons wishing to comment on an NPDES permit application should submit a statement to the Department at the address of the district mining office indicated previously each application within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.

   The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92.61. The request or petition for a public hearing shall be filed within 30 days of this public notice and shall contain the name, address, telephone number and the interest of the party filing the request, and shall state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. In the case where a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.

   Coal Applications Received

   Effluent Limits--The following range of effluent limits will apply to NPDES permits issued in conjunction with the associated coal mining activity permit and, in some cases, noncoal mining permits:

Table 1

30-Day Daily Instantaneous
Parameter Average Maximum Maximum
Iron (Total) 1.5 to 3.0 mg/l 3.0 to 6.0 mg/l 3.5 to 7.0 mg/l
Manganese (Total) 1.0 to 2.0 mg/l 2.0 to 4.0 mg/l 2.5 to 5.0 mg/l
Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l
Aluminum (Total) 0.75 to 2.0 mg/l 1.5 to 4.0 mg/l 2.0 to 5.0 mg/l
pH1 greater than 6.0; less than 9.0
Alkalinity greater than acidity1
1The parameter is applicable at all times.

   A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; and mined areas backfilled and revegetated; and drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.

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

   32990109 and NPDES Permit No. PA0235148. Bedrock Mines, LP, 111 Freeport Road, Pittsburgh, PA 15215, transfer of an existing bituminous surface and auger mine from Walter L. Houser Coal Co., Inc. located in Washington Township, Indiana County affecting 59.9 acres. Receiving streams: UNTs to/and Sugarcamp Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received February 2, 2009.

   32020105 and NPDES Permit No. N/A. T & D Kraynak Mining Corp., 3266 Firetower Road, Mahaffey, PA 15757, renewal of Coal Permit, Grant and Green Townships, Indiana County. Receiving streams: Little Mahoning Creek and tributaries to Little Mahoning Creek, classified for the following use: HQ-CWF. There are no potable water supply intakes within 10 miles downstream. Application received February 2, 2009.

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

   03040101 and NPDES Permit No. PA0250597. AMFIRE Mining Co., LLC (One Energy Place, Latrobe, PA 15650). Renewal application for reclamation only of a bituminous surface mine, located in Gilpin Township, Armstrong County, affecting 62.1 acres. Receiving streams: UNTs to Allegheny River, classified for the following use: WWF. The potable water supply intake within 10 miles downstream from the point of discharge is Freeport Water Company. Renewal application received January 29, 2009.

   03090101 and NPDES Permit No. PA0251277. TRI-R, Inc. (P. O. Box 627, Clarion, PA 16214-0627). Application for commencement, operation and reclamation of a bituminous surface mine, located in Madison Township, Armstrong County, affecting 117.2 acres. Receiving streams: Redbank Creek and UNTs to Redbank Creek, classified for the following use: TSF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Application received January 29, 2009.

   03803044 and NPDES Permit No. PA0126375. State Industries, Inc. (P. O. Box 1022, Kittanning, PA 16201). Renewal application for continued operation and reclamation of an existing bituminous surface mine, located in East Franklin Township, Armstrong County, affecting 97.9 acres. Receiving stream: UNT to Limestone Run, classified for the following use: WWF. The potable water supply intake within 10 miles downstream from the point of discharge is West Penn Water Company. Renewal application received February 3, 2009.

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

   17090102 and NPDES No. PA0257052. RES Coal, LLC (224 Grange Hall Road, P. O. Box 228, Armagh, PA 15920). Commencement, operation and restoration of a bituminous surface auger, blasting mine in Decatur Township, Clearfield County, affecting 259.4 acres. Receiving streams: Little Laurel Run, UNTs to Little Laurel Run, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received January 23, 2009.

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

   54830207R5. Blaschak Coal Corp., (P. O. Box 12, Mahanoy City, PA 17948), renewal of an existing anthracite coal refuse reprocessing, refuse disposal and preparation plant operation in Mahanoy Township, Schuylkill County affecting 280.0 acres, receiving stream: none. Application received January 29, 2009.

   54820203R5 and NPDES Permit No. PA0612286. Rausch Creek Land, LP, (978 Gap Street, Valley View, PA 17983), renewal of an existing anthracite coal refuse reprocessing operation for reclamation activities only in Hegins and Porter Townships, Schuylkill County affecting 200.0 acres, receiving stream: East Branch Rausch Creek. Application received February 4, 2009.

   54830101R5 and NPDES Permit No. PA0595624. K & K Coal Company, (133 Valley Furnace Avenue, Port Carbon, PA 17965), renewal of an existing anthracite surface mine and coal refuse disposal operation in Blythe Township, Schuylkill County affecting 176.0 acres, receiving stream: UNT to Schuylkill River. Application received February 4, 2009.

   54870101R4 and NPDES Permit No. PA0593842. Kuperavage Enterprises, Inc., (P. O. Box 99, Middleport, PA 17953), renewal of an existing anthracite surface mine and refuse disposal operation in Blythe Township, Schuylkill County affecting 638.0 acres, receiving stream: UNT to Schuylkill River. Application received February 4, 2009.

   54870102R4 and NPDES Permit No. PA0593923. Joe Kuperavage Coal Company, (916 Park Avenue, Port Carbon, PA 17965), renewal of an existing anthracite surface mine operation in Blythe Township, Schuylkill County affecting 106.1 acres, receiving stream: UNT to East Branch Schuylkill River. Application received February 4, 2009.

   54921601R3. Gale Mining Company, (1441 Oak Road, Pottsville, PA 17901), renewal of an existing anthracite coal preparation plant operation in Rush Township, Schuylkill County affecting 10.3 acres, receiving stream: none. Application received February 4, 2009.

   Noncoal Applications Received

   Effluent Limits--The following effluent limits will apply to NPDES permits issued in conjunction with a noncoal mining permit:

Table 2

30-day Daily Instantaneous
Parameter Average Maximum Maximum
Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l
Alkalinity exceeding acidity*
pH* greater than 6.0; less than 9.0
*  The parameter is applicable at all times.

   A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.

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

   37030305. Glacial Sand and Gravel Co. (P. O. Box 1022, Kittanning, PA 16201). Renewal of NPDES Permit No. PA0242543, Plain Grove Township, Lawrence County. Receiving streams: UNT to Jamison Run, Jamison Run to Slippery Rock Creek, classified for the following use: CWF. There is no potable surface water supply intake within 10 miles downstream. NPDES Renewal application received February 4, 2009.

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

   08090301 and NPDES No. PA0257036. E. A. Ward Excavating, Inc. (R. R. 3, Box 244, Troy, PA 16947). Commencement, operation and restoration of a bituminous surface large noncoal (shale) mine in West Burlington Township, Bradford County, affecting 26.6 acres. Receiving streams: UNT to Sugar Creek, classified for the following use: TSF. There are no potable water supply intakes within 10 miles downstream. Application received January 8, 2009.

FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401

   The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the State to certify that the involved projects will not violate the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the regional office noted before the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.

   The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on each working day at the regional office noted before the application.

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


Applications received under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and section 302 of the Floodplain Management Act (32 P. S. § 679.302) and requests for certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

WATER OBSTRUCTIONS AND ENCROACHMENTS

   Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.

   E46-1036. David's Bridal, 1001 Washington Street, Conshohocken, PA 19428, Whitemarsh Township, Montgomery County, United States Army Corps of Engineers, Philadelphia District.

   David's Bridal Levee Construction and Site Improvement Project

   To construct and maintain an approximately 225-foot long, 3.75-foot high seawall levee along the Schuylkill River (WWF, MF) associated with the proposed David's Bridal parking lot modification project. The work also includes the construction and maintenance of an outfall structure.

   The project is located approximately 570 feet southeast of the intersection of Elm and Lee Streets in Whitemarsh Township, Montgomery County (Norristown, PA USGS Quadrangle N:  13.41 inches; W:  5.14 inches).

   Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   E35-423. Lower Lackawanna Valley Sewer Authority, P. O. Box 67, Coxton Road, Duryea, PA 18642, in Old Forge Borough, Lackawanna County, United States Army Corps of Engineers, Baltimore District.

   To construct and maintain the following water obstructions and encroachments associated with the St. Johns Creek Interceptor/Combined Sewer Outfall (CSO) Replacement Project: 1) the placement of fill in approximately 0.5 acre of the floodplain and floodway of St. Johns Creek (CWF). The fill has a maximum depth of 9 feet and is supported by a 230-foot long retaining wall having a maximum height of 9 feet. The fill is associated with proposed CSO which consists of a regulating chamber, disinfecting chamber, chemical building, concrete outfall channel and other appurtenant works. 2) The relocation of an existing sanitary sewer interceptor consisting of the construction of approximately 3,475 feet of new pipe varying in size from 12-inch diameter to 36-inch diameter PVC pipe in the floodway and floodplain of St. Johns Creek (CWF). The project includes 4 sanitary sewerline crossings of St. Johns Creek. 3) The construction of approximately 3,300-foot long, 12-foot wide access road in the floodway and floodplain of St. Johns Creek (CWF). The access road runs paralell with the interceptor and includes 4 road crossings of St. Johns Creek (Scranton, PA Quadrangle Latitude: 41° 22` 28"; Longitude: 75° 44` 37").

   Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.

   E21-407: Lower Allen Township, 2233 Gettysburg Road, Camp Hill, PA 17011, Cedar Spring Run Trailhead, Lower Allen Township, Cumberland County, United States Army Corps of Engineers, Baltimore District.

   To construct and maintain a 6-foot wide by 1.5-foot high trail and associated improvements in a channel beneath a railroad culvert and the floodway of a UNT to Cedar Run (CWF) for the purpose of providing access and a trail for area residents located at a point downstream of Gettysburg Road (Lemoyne, PA Quadrangle N:  18.69 inches; W:  6.30 inches, Latitude: 40° 13` 40.5"; Longitude: 76° 55` 12.4") in Lower Allen Township, Cumberland County.

   E21-410: (Corrected Notice) Fuller Lake Swimming Area Expansion, Department of Conservation and Natural Resources, Bureau of State Parks, P. O. Box 8451, Harrisburg, PA 17105-8451, Cooke Township, Cumberland County, United States Army Corps of Engineers, Baltimore District.

   To fill and maintain Fuller Lake's swimming area in order to expand the 5-foot and 8-foot deep swimming areas by placing rock and aggregates and sand on top of said rock, located in Pine Grove State Park (Dickinson, PA Quadrangle N:  6.45 inches; W:  7.36 inches, Latitude: 40° 02` 07.81"; Longitude: 77° 18` 9.28") in Dickinson Township, Cumberland County.

   E22-543: Lower Paxton Township, George Wolfe, Township Manager, 425 Prince Street, Harrisburg, PA 17109, George Park M Street realignment, Lower Paxton Township, Dauphin County, United States Army Corps of Engineers, Baltimore District.

   To: (1) construct and maintain a 47.0-foot long, 36-inch RCP in a UNT to Beaver Creek (WWF) temporarily impacting 0.03 acre of PEM wetland and permanently impacting 0.07 acre of PEM wetland; (2) construct and maintain sidewalks and the realignment of M Street; and (3) place and maintain approximately 420 cubic yards of fill in the floodway of a UNT to Beaver Creek (WWF). The project is located at the intersection of Nyes Road and M Street (Harrisburg East, PA Quadrangle N:  12.5 inches; W:  5.0 inches, Latitude: 40° 19` 01"; Longitude: 76° 46` 55") in Lower Paxton Township, Dauphin County. The project purpose is to improve sight distances and safety for traffic and to provide safe pedestrian access to George Park. The permittee is required to provide a minimum of 0.03 acre of additional wetland to the existing 0.80 acre of replacement PEM wetlands onsite.

   E07-425: Altoona City Authority, 20 Greenwood Road, Altoona, PA 16602-7114, Mill Run Water Quality Enhancement and Beautification Project, Logan Township, Blair County, United States Army Corps of Engineers, Baltimore District.

   To relocate and maintain an approximately 700-foot long channel of a UNT to Mill Run (HQ-CWF) to enhance the water quality located just upstream of the PA 36 culvert (Altoona, PA Quadrangle N:  6.10 inches; W:  9.40 inches, Latitude: 40° 32` 02"; Longitude: 78° 26` 44") in Logan Township, Blair County.

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

   E02-1304-A2. Sports and Exhibition Authority, The Regional Enterprise Center, 425 Sixth Avenue, Suite 2750, Pittsburgh, PA 15219. To amend original permit with construction of walkways, retaining walls a platform and riprap on the left bank of the Allegheny River in the City of Pittsburgh, Allegheny County, United States Army Corps of Engineers, Pittsburgh District (Pittsburgh East, PA Quadrangle N:  12.8 inches; W:  16.6 inches, Latitude: 40° 26` 40"; Longitude: 79° 59` 40").

   The applicant proposes to amend Permit No. E02-1304 to include the construction and maintenances of at-grade walkways, walkway structures, retaining walls, a receiving platform and rip rap slope protection in the channel and along the left bank of the Allegheny River (WWF) for the purpose of constructing a Riverfront Park for the existing David Lawrence Convention Center. The project is located along the Tenth Street Bypass between the existing Ninth Street Bridge and the existing Conrail Bridge and will impact approximately 1,400.0 linear feet of stream channel.

   E04-324. Norfolk Southern Railway Company, 1200 Peachtree Street, Box 184, Atlanta, GA 30309. To construct two additional mooring cells in Conway Borough, Beaver County, United States Army Corps of Engineers, Pittsburgh District (Beaver, PA Quadrangle N:  8.5 inches; W:  0.6 inch, Latitude: 40° 40` 19"; Longitude: 80° 15` 16"). The applicant proposes to construct and maintain two additional 17 foot diameter mooring cells (Cells 3 and 4) in the channel and along the right bank of the Ohio River (WWF), to operate and maintain the two existing 17 foot diameter mooring cells (Cells 1 and 2) in the channel and along the right bank of said stream and to perform maintenance dredging (345.0 ft. long by 90.0 ft wide) in the channel and along the right bank of said stream around the mooring cells for the purpose of allowing safer access for barges and a more efficient way to unload barges. The project is located at the Conway Rail Yard near River Mile 22.5 and will impact approximately 350.0 linear feet of stream channel.

   E65-927. Pucketa & Chartiers Watershed Assn., P. O. Box 2801, Lower Burrell, PA 15068. To construct and maintain pedestrian footbridge and stream improvements in City of Lower Burrell, Allegheny County, United States Army Corps of Engineers, Pittsburgh District (New Kensington East, PA Quadrangle N:  17.55"; W:  12.8", Latitude: 40° 35` 48"; Longitude: 79° 43` 02"). The applicant proposes:

   1.  To construct and maintain a pedestrian footbridge with a span of 40'; with access provided by a 20` ramp. Underclearance of the structure during the 100 year flood is shown as 1.5`

   2.  To construct and maintain stream improvements consisting of eight cross veins and three j-hook veins of either rock or log construction.

   3.  To regrade and maintain approximately 400` of stream channel.

   4.  To stabilize the area by planting vegetation in the riparian zone.

   A total stream impact of 1,475` is proposed, all in Chartiers Creek. The project is located in ''Wolfpak Park.''

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

   E10-435, Community Development Corporation of Butler County, 122 Woody Drive, Butler, PA 16001. Pullman Center Business Park, in Butler Township and City of Butler, Butler County, United States Army Corps of Engineers, Pittsburgh District (Butler, PA Quadrangle N:  41° 51` 00"; W:  79° 54` 29").

   To install and maintain a 42-inch diameter stormwater outfall, concrete endwall and rock riprap outlet protection apron along the right bank of Connoquenessing Creek approximately 1,150 feet upstream of the SR 3001 bridge for the discharge of stormwater from the proposed Pullman Center Business Park commercial/industrial development expansion on the former Trinity Industries, Inc. (aka Pullman Standard) site along SR 3001.

   E37-179, Lawrence County, 430 Court Street, New Castle, PA 16101. T-593 Nashua Road Across Shenango River, in Pulaski Township, Lawrence County, United States Army Corps of Engineers, Pittsburgh District (Edinburg, PA Quadrangle N:  41° 04` 52"; W:  80° 23` 44").

   To remove the existing structure and to construct an maintain a steel plate girder bridge having a clear normal span of 140 feet and an underclearance of 14.7 feet across the Shenango River on T-593, Nashua Road, approximately 2 miles west of SR 18.

DAM SAFETY

   Central Office: Bureau of Waterways Engineering, 400 Market Street, Floor 3, P. O. Box 8554, Harrisburg, PA 17105-8554.

   D46-346. South Gulph Road Stormwater Basin 1 Dam. Turnpike Commission, P. O. Box 67676, Harrisburg, PA 17106-7676. To construct, operate and maintain South Gulph Road Stormwater Basin 1 Dam across a tributary to Frog Run (WWF), impacting 0 wetlands and 750 feet of stream, for the purpose of stormwater management (Norristown, PA Quadrangle N:  14.0 inches; W:  15.65 inches) in Upper Merion Township, Montgomery County.

   D21-176A. Fish and Boat Commission, 450 Robinson Lane, Bellefonte, PA 16823. To modify, operate and maintain Opossum Lake Dam across Opossum Creek (HQ-CWF), temporarily impacting 0.03 acre of palustrine emergent wetlands, permanently impacting 0.03 acre palustrine emergent wetlands and 53.0 feet of stream, for the purpose of removing the existing spillway then construct and maintain a 4 cycle labyrinth concrete spillway, extend the outlet conduit and replace the existing toe drains (Plainfield, PA Quadrangle N:  18.0 inches; W:  3.6 inches) in Lower Franklin Township, Cumberland County.

   D23-036. Earles Lake Dam. Green Countrie Village Homeowners Association, 213 Earles Lane, Newtown Square, PA 19073. To modify, operate and maintain Earles Lake Dam across a tributary to Darby Creek (CWF), for the purpose of modifying an existing recreational dam to pass the 100-year design storm (Valley Forge, PA Quadrangle N:  1.7 inches; W:  2.1 inches) in Newtown and Radnor Townships, Delaware County.


ACTIONS

THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT

FINAL ACTIONS TAKEN FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS

   The Department of Environmental Protection (Department) has taken the following actions on previously received applications for new, amended and renewed NPDES and WQM permits, applications for permit waivers and Notices of Intent (NOI) for coverage under general permits. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the Federal Clean Water Act.

Location Permit Authority Application Type or Category
Section I NPDES Renewals
Section II NPDES New or amendment
Section III WQM Industrial, sewage or animal waste; discharge into groundwater
Section IV NPDES MS4 individual permit
Section V NPDES MS4 permit waiver
Section VI NPDES Individual permit stormwater construction
Section VII NPDES NOI for coverage under NPDES general permits

   Sections I--VI contain actions related to industrial, animal or sewage wastes discharges, discharges to groundwater and discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities and concentrated animal feeding operations (CAFOs). Section VII contains notices for parties who have submitted NOIs for coverage under general NPDES permits. The approval for coverage under general NPDES permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions set forth in each general permit. The approval of coverage for land application of sewage sludge or residential septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective permit. Permits and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted before the action.

   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 free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


I. NPDES Renewal Permit Actions

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

NPDES No.
(Type)
Facility Name &
Address
County &
Municipality
Stream Name (Watershed #) EPA Waived Y/N ?
PA0063819
(Industrial Waste)
Lafayette College
Plant Operations Building
Easton, PA 18042
Easton City
Northampton County
Bushkill Creek
01F
Y
PA0053872
(Sewage)
Red Hill Water Authority
P. O. Box 26
Red Hill, PA 18076
Lehigh County
Upper Milford Township
UNT to Perkiomen Creek
03E
Y

   Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.

NPDES No.
(Type)
Facility Name &
Address
County &
Municipality
Stream Name (Watershed #) EPA Waived Y/N ?
PA0081825
(Sew)
Betty Nelson
14 Tip Top Circle
Carlisle, PA 17015
Cumberland County
Lower Frankford Township
Conodoguinet Creek
7-B
WWF
Y
PA0086428
(Sew)
Mazza Vineyards, Inc.
2775 Lebanon Road
Manheim, PA 17545
Lancaster County
Rapho Township
Chickies Creek
7-G
WWF
Y
PA0084778
(Sew)
Granville Township Municipal Authority
100 Helen Street
Lewistown, PA 17044
Mifflin County
Oliver Township
Strodes Run
12-A
HQ-CWF
Y

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

NPDES No.
(Type)
Facility Name &
Address
County &
Municipality
Stream Name (Watershed #) EPA Waived Y/N ?
PA0215929
Sewage
Walter L. Houser
13448 SR 422
Suite 1
Kittanning, PA 16201
Indiana County
Washington Township
Mudlick Run Y

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

NPDES No.
(Type)
Facility Name &
Address
County &
Municipality
Stream Name (Watershed #) EPA Waived Y/N ?
PA0220876 Identification Systems, Inc.
10043 Peach Street
Girard, PA 16417
Elk Creek Township
Erie County
East Branch of Conneaut Creek
15-CC
Y

II.  New or Expanded Facility Permits, Renewal of Major Permits and EPA Nonwaived Permit Actions

   Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.

   NPDES Permit No. PA0244449, Industrial Waste, FPL Energy Marcus Hook, LP, 100 Green Street, Marcus Hook, PA 19061. This proposed facility is located in Marcus Hook Borough, Delaware County.

   Description of Proposed Action/Activity: Approval for the issuance of an NPDES permit to discharge cooling tower blowdown from the Marcus Hook Generating Station to Delaware River Estuary-Zone 4 in Watershed 3G.

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

   NPDES Permit No. PA0001627-A1, Industrial Waste, Orion Power Midwest, LP, 121 Champion Way, Suite 200, Canonsburg, PA 15317. This existing facility is located in Springdale Borough, Allegheny County.

   Description of Proposed Action/Activity: Permit amendment issuance to incorporate conditions of the settlement agreement of an NPDES permit appeal.


III.  WQM Industrial Waste and Sewerage Actions under The Clean Streams Law (35 P. S. §§ 691.1--691.1001)

   Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.

   WQM Permit No. 2174406, Amendment 08-1, Sewage, Borough of Carlisle, 53 West South Street, Carlisle, PA 17013. This proposed facility is located in Carlisle Borough, Cumberland County.

   Description of Proposed Action/Activity: Amendment approval for the construction/operation of sewerage facilities consisting of: Mechanical screen and vortex grit chamber with grip pump and dewatering screw.

   WQM Permit No. 4472401, Amendment 09-1, Sewage, McVeytown Borough Authority, P. O. Box 321, McVeytown, PA 17051. This proposed facility is located in McVeytown Borough, Mifflin County.

   Description of Proposed Action/Activity: Amendment approval for the modification of sewerage facilities consisting of: Conversion of the existing sludge drying bed to liquid sludge storage tank.

   WQM Permit No. 2292405, Amendment 08-1, Sewage, Millersburg Area Authority, 101 West Street, Millersburg, PA 17061. This proposed facility is located in Millersburg Borough, Dauphin County.

   Description of Proposed Action/Activity: Amendment approval for the construction of sewerage facilities consisting of: Headworks building, mechanical influent screens, holding tank for hauled-in waste, piping and chemical feed equipment for Phosphorus removal and replacement of existing influent pumps.

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

   WQM Permit No. 0208408, Sewerage, The Pittsburgh Water and Sewer Authority, Penn Liberty Plaza 1, 1200 Penn Avenue, Second Floor, Pittsburgh, PA 15222-4745. This proposed facility is located in the City of Pittsburgh, Allegheny County.

   Description of Proposed Action/Activity: Permit issuance for the construction and operation of a sanitary sewer extension to serve the Pittsburgh Casino.

   WQM Permit No. 6308405, Sewerage, Peters Creek Sanitary Authority, 3515 Washington Avenue, P. O. Box 3, Finleyville, PA 15332. This proposed facility is located in Peters Township, Washington County.

   Description of Proposed Action/Activity: Permit issuance for the construction and operation of sanitary sewers to serve the Orchard Hill Plan of Lots.


IV.  NPDES Stormwater Discharges from MS4 Permit Actions


V.  NPDES Waiver Stormwater Discharges from MS4 Actions


VI.  NPDES Discharges of Stormwater Associated with Construction Activities Individual Permit Actions

   Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.

NPDES
Permit No.
Applicant Name &
Address
County Municipality Receiving
Water/Use
PAI01
4607006
Finland Mennonite Church
1685 Upper Ridge Road
Pennsburg, PA 18073-2429
Montgomery Marlborough Township Macoby and Unami Creeks
TSF-HQ-TSF

VII.  Approvals to Use NPDES and/or Other General Permits

   The EPA Region III Administrator has waived the right to review or object to this permit action under the waiver provision 40 CFR 123.23(d).


List of NPDES and/or Other General Permit Types

PAG-1 General Permit for Discharges From Stripper Oil Well Facilities
PAG-2 General Permit for Discharges of Stormwater Associated With Construction Activities (PAR)
PAG-3 General Permit for Discharges of Stormwater From Industrial Activities
PAG-4 General Permit for Discharges From Small Flow Treatment Facilities
PAG-5 General Permit for Discharges From Gasoline Contaminated Groundwater Remediation Systems
PAG-6 General Permit for Wet Weather Overflow Discharges From Combined Sewer Systems (CSO)
PAG-7 General Permit for Beneficial Use of Exceptional Quality Sewage Sludge by Land Application
PAG-8 General Permit for Beneficial Use of Nonexceptional Quality Sewage Sludge by Land Application to Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site
PAG-8 (SSN) Site Suitability Notice for Land Application Under Approved PAG-8 General Permit Coverage
PAG-9 General Permit for Beneficial Use of Residential Septage by Land Application to Agricultural Land, Forest, or a Land Reclamation Site
PAG-9 (SSN) Site Suitability Notice for Land Application Under Approved PAG-9 General Permit Coverage
PAG-10 General Permit for Discharge Resulting from Hydrostatic Testing of Tanks and Pipelines
PAG-11 (To Be Announced)
PAG-12 Concentrated Animal Feeding Operations (CAFOs)
PAG-13 Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

   General Permit Type--PAG-2

Facility Location:
Municipality & County
Permit No. Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
Hatfield Township
Montgomery County
Hilltown Township
Bucks County
PAG200
4608094
Department of Transportation
7000 Geerdes Boulevard
King of Prussia, PA 19406
West Branch Neshaminy Creek
TSF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
(484) 250-5900
Limerick Township
Montgomery County
PAG200
4608106
Vincent Mazzamuto
51 Heffner Road
Limerick, PA 19468
Mingo Creek
WWF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
(484) 250-5900
Brookhaven Borough
Delaware County
PAG200 2303053-R Pulte Homes
1100 Northbrook Drive
Suite 200
Trevose, PA 19053
Ridley Creek
TSF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
(484) 250-5900
Archbald Borough
Lackawanna County
PAG2003509002 PEI Power Corporation
Attn: Thomas Kukosky
170 Power Boulevard
Archbald, PA 18403
Tributary to Lackawanna River
CWF
Lackawanna County
Conservation District
(570) 281-9495
Plains Township
Luzerne County
PAG2004008027 Geisinger Wyoming Valley Medical Center
Attn: Richard Hardy
1000 East Mountain Boulevard
Wilkes-Barre, PA 18711
Mill Creek
CWF
Luzerne County
Conservation District
(570) 674-7991
City of Nanticoke
Hanover Township
Luzerne County
PAG2004008031 Earth Conservancy
Attn: Michael Dziak
101 South Main Street
Ashley, PA 18706
Espy Run
CWF
Luzerne County
Conservation District
(570) 674-7991
Bethlehem Township
Northampton County
PAG2004808020 Senick, Inc.
Attn: John J. Senick
1623 Freemansburg Avenue
Bethlehem, PA 18020-6399
Lehigh River
WWF
Northampton County
Conservation District
Lower Paxton Township
Dauphin County
PAG2002208042 Lower Paxton Township Authority
425 Prince Street
Suite 139
Harrisburg, PA 17109
Paxton Creek
WWF
Dauphin County Conservation District
1451 Peters Mountain Road
Dauphin, PA 17018
(717) 921-8100
Ontelaunee Township
Berks County
PAG2000608073 Jonathan Simon
Royal Green, LLC
P. O. Box 9
Temple, PA 19560
Schuylkill River
WWF
Berks County Conservation District
1238 County Welfare Road
Suite 200
Leesport, PA 19533-9710
(610) 372-4657, Ext. 201
Bethel Township
Berks County
PAG2000608069 Joseph Horning
901 South College Street
Myerstown, PA 17067
Little Swatara Creek
CWF
Berks County Conservation District
1238 County Welfare Road
Suite 200
Leesport, PA 19533-9710
(610) 372-4657, Ext. 201
Lower Allen Township
Cumberland County
PAG2002108029 Russ Burnell
West Shore School District
507 Fishing Creek Road
New Cumberland, PA 17070
UNT to Yellow Breeches
CWF
Cumberland County Conservation District
310 Allen Road
Suite 301
Carlisle, PA 17013
(717) 240-7812
Lawrence County
Neshannock Township
PAG2063708010 Neshannock School District
Attn: Dr. Mary Todora
3834 Mitchell Road
New Castle, PA 16105
Neshannock Creek
CWF
Lawrence County Conservation District
(727) 652-4512

   General Permit Type--PAG-3

Facility Location:
Municipality & County
Permit No. Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
Avoca Borough
Luzerne County
PAR802210 Wilkes-Barre/Scranton International Airport
100 Terminal Road
Avoca, PA 18641
Spring Brook Creek
CWF
and
Lidy Creek
CWF
DEP--NERO
Water Management Program
2 Public Square
Wilkes-Barre, PA 18711-2511
(570) 826-2511
Wright Township
Luzerne County
PAR202210 Indalex, Inc.
330 Elmwood Road
Mountaintop, PA 18707
Highway drainage on Elmwood Road to Bow Creek
DEP--NERO
Water Management Program
2 Public Square
Wilkes-Barre, PA 18711-2511
(570) 826-2511
Dauphin County
Derry Township
PAR123505 The Hershey Company
West Hershey Plant
1033 Old West Chocolate Avenue
Hershey, PA 17033
Spring Creek
WWF
DEP--SCRO
909 Elmerton Avenue
Harrisburg, PA 17110
(717) 705-4707
Lebanon County
North Cornwall Township
PAR123555 Dean Dairy Holdings, LLC--
d/b/a Swiss Premium Diary, LLC
2401 Walnut Street
Lebanon, PA 17042-9444
Snitz Creek
TSF
DEP--SCRO
909 Elmerton Avenue
Harrisburg, PA 17110
(717) 705-4707

   General Permit Type--PAG-8

Facility Location:
Municipality & County
Permit No. Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
Worthington
West Franklin
WWTP
PAG086116 Worthington West Franklin Joint Municipal Authority
102 West Main Street
Worthington, PA 16262
West Franklin Township
Southwest Regional Office
Water Management
Program Manager
400 Waterfront Drive
Pittsburgh, PA 15222-4745
(412) 442-4000

PUBLIC WATER SUPPLY (PWS) PERMITS

   The Department of Environmental Protection has taken the following actions on applications received under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17) for the construction, substantial modification or operation of a public water system.

   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 free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

SAFE DRINKING WATER


Actions taken under the Pennsylvania Safe Drinking Water Act

   Southeast Region: Water Supply Program Manager, 2 East Main Street, Norristown, PA 19401.

   Operations Permit No. 0909501 issued to Yorkshire Meadows Condominium Association, 975 Easton Road, Warrington, PA 18976 (PWSID No. 1090101) Solebury Township, Buck County on January 30, 2009, for the operation of Facilities approved under construction permit No. 0907524 for an arsenic treatment.

   Southcentral Region: Water Supply Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   Operations Permit issued to Gettysburg Municipal Authority, 7010019, Cumberland Township, Adams County on January 30, 2009, for the operation of facilities approved under Construction Permit No. 0107509 MA.

   Operations Permit issued to The Bethel Point Foundation, d/b/a Hill Farm Estates, 7380002, North Annville Township, Lebanon County on January 29, 2009, for the operation of facilities approved under Construction Permit No. 3808503.

   Operations Permit issued to Northwestern Lancaster County Authority, 7360164, Penn Township, Lancaster County on January 29, 2009, for the operation of facilities approved under Construction Permit No. 3608526 MA.

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

   Permit No. 0208509, Public Water Supply.

Applicant Pittsburgh Water and Sewer
1200 Penn Avenue
2nd Floor
Pittsburgh, PA 15222
Borough or Township City of Pittsburgh
County Allegheny
Type of Facility Water treatment plant
Consulting Engineer Camp, Dresser & McKee, Inc.
2740 Smallman Street
Pittsburgh, PA 15222
Permit to Construct Issued January 8, 2009

   Permit No. 0208504, Public Water Supply.

Applicant Municipal Authority of the Borough of Oakmont
721 Allegheny Avenue
Oakmont, PA 15139
Borough or Township Oakmont Borough
County Allegheny
Type of Facility Water treatment plant
Consulting Engineer NIRA Consulting Engineers, Inc.
950 Fifth Avenue
Coraopolis, PA 15108
Permit to Construct Issued January 20, 2009

   Operations Permit issued to Indian Lake Borough, 1301 Causeway Drive, Central City, PA 15926, (PWSID No. 4560025) Indian Lake Borough, Somerset County on January 20, 2009, for the operation of facilities approved under Construction Permit No. 5605502MA.

   Permit No. 0208516MA, Minor Amendment, Public Water Supply.

Applicant Pennsylvania American Water Company
800 West Hersheypark Drive
P. O. Box 888
Hershey, PA 17033
Borough or Township Bethel Park Borough
County Allegheny
Type of Facility Rocky Ridge Tank No. 3
Consulting Engineer
Permit to Construct Issued January 27, 2009

   Permit No. 0208517MA, Minor Amendment, Public Water Supply.

Applicant Pennsylvania American Water Company
800 West Hersheypark Drive
P. O. Box 888
Hershey, PA 17033
Borough or Township Monongahela Borough
County Washington
Type of Facility Main Street Tank
Consulting Engineer
Permit to Construct Issued January 27, 2009

   Permit No. 0208518MA, Minor Amendment, Public Water Supply.

Applicant Pennsylvania American Water Company
800 West Hersheypark Drive
P. O. Box 888
Hershey, PA 17033
Borough or Township Union Township
County Washington
Type of Facility Finleyville Tank No. 1
Consulting Engineer
Permit to Construct Issued January 27, 2009

   Permit No. 0208515MA, Minor Amendment, Public Water Supply.

Applicant Pennsylvania American Water Company
800 West Hersheypark Drive
P. O. Box 888
Hershey, PA 17033
Borough or Township Mt. Pleasant Township
County Washington
Type of Facility Mt. Pleasant water storage tank and waterlines.
Consulting Engineer
Permit to Construct Issued January 27, 2009

   Permit No. 2608506MA, Minor Amendment, Public Water Supply.

Applicant Nemacolin Woodlands, Inc.
1001 LaFayette Drive
Farmington, PA 15330
Borough or Township Wharton Township
County Fayette
Type of Facility Interconnection with National Pike Water Authority
Consulting Engineer McMillen Engineering
115 Wayland Smith Drive
Uniontown, PA 15401
Permit to Operate Issued January 27, 2009

   Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335.

   Wellhead Protection Program Approval issued to Volant Borough, Box 96, Main Street, Volant, PA 16156, PWSID No. 6370042, Volant Borough, Lawrence County on February 5, 2009.

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