[40 Pa.B. 526]
[Saturday, January 23, 2010]
[Continued from previous Web Page]
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania 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 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Telephone: 717-705-4707.
E06-630: Ralph Weaver/Weaver Property, 2030 Old Lancaster Pike, Sinking Spring, PA 19608, Spring Township, Berks County, ACOE Baltimore District.
To stabilize 450.0-feet of an unnamed tributary to Little Muddy Creek (TSF) by constructing a low flow channel and a vegetated floodplain bench, and creating a stilling basin at the outlet of an existing 42.0-inch RCP culvert pipe and (Sinking Spring, PA Quadrangle N: 2.5 inches; W: 4.8 inches, Latitude: 40° 15` 51"; Longitude: 76° 2` 1") in Spring Township, Berks County.
E01-285: Knouse Foods Cooperative, Inc., 800 Peach Glen-Idaville Road, Peach Glen, PA 17375, Tyrone Township, Adams County, ACOE Baltimore District. Watershed 7F.
The applicant proposes to install and maintain: (1) a 13,750-square-foot constructed wetland treatment system in the floodway of an unnamed tributary to Bermudian Creek (WWF); (2) a concrete weir box structure to divert flow into the constructed wetland in an unnamed tributary to Bermudian Creek (WWF); (3) a 326-square-foot rip rap apron for an outfall structure between wetland cell #1 and wetland cell #2 in the floodway of an unnamed tributary to Bermudian Creek (WWF); (4) a 52-square-foot rip rap apron for an outfall structure for wetland cell #2 in an unnamed tributary to Bermudian Creek; and (5) 66 feet of stream bank stabilization on the stream bank of an unnamed tributary to Bermudian Creek (WWF) (York, PA Quadrangle N: 3.0 inches; W: 15 inches, Latitude: 40° 01` 08"; Longitude: 77° 13` 50"). The project involves the removal of soil in the floodway to construct two wetlands and associated structures to treat effluent containing elevated levels of dissolved iron, and to provide stream bank stabilization along the project site.
E67-873: Department of Transportation, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1699, Springettsbury and Spring Garden Townships, York County, ACOE Baltimore District.
To: (1) raze the existing SR 1033 (Sherman Street) steel I-beam bridge having four spans, a width of 37.3 feet, a total span of 263.7 feet, and an underclearance of 22.5 feet over Mill Creek (WWF) and Interstate 83 (York, PA Quadrangle N: 18.9 inches; W: 11.9 inches, Latitude: 39° 58` 45"; Longitude: 76° 42` 35"); (2) construct and maintain a two span composite steel plate girder bridge approximately 18 feet west of the existing bridge having a width of 55.3 feet, a total span of 265.0 feet, and an underclearance of 24.5 feet carrying SR 1033 (Sherman Street) over Mill Creek (WWF) and Interstate 83 (York, PA Quadrangle N: 18.9 inches; W: 11.9 inches, Latitude: 39° 58` 45"; Longitude: 76° 42` 35") in Springettsbury and Spring Garden Townships, York County, for the purpose of providing a structurally sound bridge that will maintain safe and adequate movement of motorized vehicles.
E67-872: Snyder's of Hanover, Inc., 1350 York Road, Hanover, PA 17331-0917, Snyder's of Hanover Glatco Lodge Road Quarry, Heidelberg Township, York County, ACOE Baltimore District.
To fill and maintain a 1.93 acre, abandoned open water quarry pit with clean fill. The project is located west of Glatco Lodge Road, north of its intersection with Moulstown Road (Hanover, PA Quadrangle N: 15.9 inches; W: 10.2 inches, Latitude: 39° 50` 19"; Longitude: 76° 56` 46.5") in Heidelberg Township, York County. The purpose of the project is to reclaim the mine area and to eliminate potential safety hazards to the community.
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1613. Adventure Development, LLC, 102 W. Anderson Street, Selma, NC 27576-5561. To construct a stream enclosure culvert and fill wetlands in McCandless Township, Allegheny County, Pittsburgh ACOE District (Emsworth, PA Quadrangle N: 12.0 inches; W: 3.7 inches, Latitude: 40° 33` 58"; Longitude: 80° 01` 36"). To place and maintain fill in 0.07 acre of wetlands; to construct and maintain an approximately 500 foot long stream enclosure consisting of a 42 inch diameter culvert in an unnamed tributary to Little Pine Creek (UNT 2) (Depressed 6 inches below the natural stream bed elevation) (TSF, Drainage Area less than 100 acres); to construct and maintain an approximately 300 foot long stream enclosure consisting of a 36 inch diameter culvert in an unnamed tributary to Little Pine Creek (UNT 3) (depressed 6 inches below the natural stream bed elevation) (TSF, Drainage Area less than 100 acres); to relocate and maintain approximately 285 linear feet of an unnamed tributary to Little Pine Creek, resulting in a stream loss of 110 linear feet (UNT 4) (TSF, Drainage Area less than 100 acres); to place and maintain fill within the floodway for 77 linear feet of an unnamed tributary to Little Pine Creek (UNT 3) (Drainage Area less than 100 acres), 410 linear feet of an unnamed tributary to Little Pine Creek (UNT 1) (TSF, Drainage Area less than 100 acres), and 225 linear feet of an unnamed tributary to Little Pine Creek (UNT 5) (TSF, Drainage Area less than 100 acres); to place and maintain fill in the channel of 105 linear feet of an unnamed tributary to Little Pine Creek (UNT 6) (TSF, Drainage Area less than 100 acres) and 138 linear feet of an unnamed tributary to Little Pine Creek (UNT 5A) (TSF, Drainage Area less than 100 acres); to place and maintain riprap in the channel of 22 linear feet of an unnamed tributary to Little Pine Creek (UNT 2) (TSF, Drainage Area less than 100 acres) and 22 linear feet of an unnamed tributary to Little Pine Creek (UNT 3) (TSF, Drainage Area less than 100 acres); to construct and maintain a temporary road crossing; for the purpose of constructing a retail and office building development known as McCandless Crossing (McCandless Town Center) and extending Duncan Avenue. As mitigation for the two stream enclosures and the relocated channel, the applicant will plant riparian vegetation along 810 linear feet of two unnamed tributaries of Little Pine Creek (UNT 1 and UNT2) (TSF) onsite and along 1475 linear feet of an unnamed tributary of Pine Creek (CWF) offsite. Within the onsite mitigation reaches, 7 rock cross vanes will be constructed. As mitigation for the wetland impacts, the applicant will construct a 0.10 acre replacement wetland onsite. The project is located on the west side of McKnight Road Extension, just southwest from the intersection of McKnight Extension and Cumberland Roads and will impact 2,194 linear feet of stream channel and 0.07 acre of wetlands.
E02-1619. Eastman Chemical Resins, Inc., State Highway 837, P. O. Box 567, West Elizabeth, PA 15088-0567. To repair an existing barge loading facility in Jefferson Hills Borough, Allegheny County, Pittsburgh ACOE District (Glassport, PA Quadrangle N: 3.0 inches; W: 3.5 inches, Latitude: 40° 15` 57.8"; Longitude: 79° 54` 1.7"). To operate and maintain the existing barge loading / unloading facility (originally constructed under Permit No. 10717) in the channel and along the left bank of the Monongahela River (WWF) located at River Mile 23.7, just downstream from Lock and Dam No. 3.
E26-354. Jacobs Creek Watershed Association, P. O. Box 1071, Mt. Pleasant, PA 15666. To maintain shoreline stabilization in Bullskin Township, Fayette County, Pittsburgh ACOE District (Connellsville, PA Quadrangle N: 20.3 inches; W: 2.9 inches, Latitude: 40° 6` 39"; Longitude: 79° 31` 13"). To construct and maintain fish habitat structures and shoreline stabilization with rocks and vegetation for a length of 325 feet, along the south shore of Green Lick Lake on Green Lick Run (WWF). The project includes placement of 5-7 feet wide fill in the eroded areas and construction of R-7, R-5 and R-4 riprap, and two new docks.
E65-927. Pucketa & Chartiers Watershed Association, P. O. Box 2801, Lower Burrell, PA 15068. A total stream impact of 1,920` is proposed, all within Chartiers Creek (TSF) and its floodplain. The project is located in ''Wolfpak Park'' in the City of Lower Burrell, Westmoreland County, Pittsburgh ACOE District (New Kensington East, PA Quadrangle North 17.55"; West 12.8", Latitude: 40° 35` 48"; Longitude: 79° 43` 02").
1. Construct and maintain a pedestrian footbridge with a span of approximately 50` and undercleance of approximately 12`.
2. Construct and maintain stream improvements consisting of 7 cross veins and 3 j-hook veins of either rock or log construction.
3. Re-grade and maintain approximately 400` of stream channel.
4. Stabilize the area by planting vegetation in the riparian zone.
5. Construct and maintain an asphalt walking trail along 540lf of floodplain.
6. Operate and maintain two baseball fields within 450lf of floodplain.
7. Operate and maintain asphalt 8—10` wide walking trails along 1320lf of floodplain.
8. Operate and maintain a 25` x 25` picnic shelter within the floodplain.
9. Operate and maintain a 60` x 20` batting cage within the floodplain.
10. Operate and maintain 60lf of riprap stream stabilization within the channel.
11. Operate and maintain a gravel parking area along 240 lf of stream floodplain.
12. Operate and maintain two bocce ball courts, totaling 30` x 80` within the floodplain.
13. Operate and maintain two horseshoe pits, totaling 20` x 45` within the floodplain.
14. Operate and maintain two soccer fields along 370lf of floodplain.
15. Operate and maintain a 28` x 70` concrete block building within the floodplain.
16. Operate and maintain an 18" plastic outfall within the channel.
17. Operate and maintain three 15" stormwater outfalls within the channel.
18. Operate and maintain two 12" stormwater outfalls within the channel.
19. Operate and maintain a 6" stormwater outfall within the channel.
20. Operate and maintain a 36" stormwater outfall within the channel.
Cambria District: Environmental Program Manager, 286 Industrial Pike Road, Ebensburg, PA 15931-4119.
E3709-001. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, Division of Mine Hazards, P. O. Box 8476, Harrisburg, PA 17105. Abandoned Mine Land Reclamation Project, in New Beaver Borough, Lawrence County, Pittsburgh ACOE District. Receiving Streams/Watershed: Unnamed tributary to Wampum Run (WWF) to Beaver River (Ohio Basin/The Ohio Sub-basin 20B/Beaver River Watershed).
The applicant proposes to reclaim/backfill an abandoned surface mine, eliminating 1,200 linear feet of dangerous highwall. The project involves the encroachment and elimination of all but 0.4 acre of a 3.5 acre open-water body as part of the reclamation work. The project will also directly impact < 0.05 acre of weltand, which is considered de minimis. Impacts to the water body and weltand are unavoidable in order to address the public safety hazards at this site. However, a deep and shallow fringe area of the existing water body will remain intact and an additional shallow retention pond will be constructed to alleviate the aquatic resource impacts of the project. Total proposed area for these aquatic features is 0.6 acre. The proposed work includes clearing and grubbing, grading to backfill the highwalls (including water body) with associated spoil material, construction of a shallow retention pond, temporary and permanent erosion control measures and revegetating the entire project area with grasses and legumes (New Galilee and Beaver Falls, PA Quadrangles Latitude: 40° 52` 18"; Longitude: 80° 22` 29", N 22 inches; W 17 inches-Beaver Falls Quad).
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 and Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-1 # ESX09-081-0020 Applicant Name XTO Energy Contact Person Bernhardt Kissel Address 395 Airport Road City, State, Zip Indiana, PA 15701 County Lycoming Township(s) Shrewsbury Township Receiving Stream(s) and Classification(s) Big Run (HQ-CWF) and Fox Run (CWF)
ESCGP-1 # ESX09-081-0021 Applicant Name XTO Energy Contact Person Mike Hahn Address 395 Airport Road City, State, Zip Indiana, PA 15701 County Lycoming Township(s) Penn Township Receiving Stream(s) and Classification(s) Sugar Run (CWF)
ESCGP-1 # ESX09-081-0019 Applicant Name XTO Energy Contact Person Bernhardt Kissel Address 395 Airport Road City, State, Zip Indiana, PA 15701 County Lycoming Township(s) Jordan Township Receiving Stream(s) and Classification(s) Little Muncy Creek—CWF, MF
ESCGP-1 # ESX09-069-0008 Applicant Name EXCO—North Coast Energy Contact Person Mr. Joel Heiser Address 3000 Ericsson Drive, Suite 200 City, State, Zip Warrendale, PA 15086 County Lackawanna Township(s) North Abington Township Receiving Stream(s) and Classification(s) Kennedy Creek/South Branch Tunkhannock Creek Watershed
ESCGP-1 # ESX09-115-0024 Applicant Name ALTA Operating Company Contact Person Mr. Joseph Greenberg Address 500 Dallas, Suite 2930 City, State, Zip Houston, TX 77002 County Susquehanna Township(s) Middletown Township Receiving Stream(s) and Classification(s) UNT to Middle Branch Wyalusing Creek
ESCGP-1 # ESX09-081-0022 Applicant Name Seneca Resources Corp. Contact Person Doug Kepler Address 51 Zents Boulevard City, State, Zip Brookville, PA 15825 County Lycoming Township(s) Lewis Township Receiving Stream(s) and Classification(s) Grays Run, Lycoming Creek, Bartoff Hollow, Darr Hollow Northwest Region: Oil and Gas Program Manager, 230 Chestnut Street, Meadville, PA 16335.
ESCGP-1 #ESG09-053-0004
Applicant Sheffield Land & Timber
Contact Richard Cochran
Address P. O. Box 54
Sheffield PA 16347
County Forest Township(s) Howe
Receiving Stream(s) and Classification(s) West Branch Blue Jay Creek (HQ); Blue Jay Creek (HQ)
SPECIAL NOTICES
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500.
Notice is hereby given that the Department of Environmental Protection (Greensburg District Mining Office, 8205 Route 819, Greensburg, PA, 15601-0982; Phone: 724-925-5500) will hold a Public Hearing and Informal Conference for all interested persons wishing to make oral comments or to submit written comments on Amerikohl Mining, Inc.'s (202 Sunset Drive, Butler, PA 16001) request for a surface mining permit, (Application No. 26080106) and associated NPDES permit application 0251763 located in Dunbar Township, Fayette County. Amerikohl has proposed to discharge treated wastewater and implement best management practices in the course of their proposed surface mining activity. The receiving streams for the proposed mining area are unnamed tributaries listed as Cold Water Fisheries in Chapter 93.4c(b)(1). They flow to the High Quality Youghiogheny River. Other activities are proposed in the High Quality waters of Morgan Run and Johnson Run. The public notice for the application was published in the Herald-Standard newspaper on October 5, 12, 19 and 26, 2009 and in the Pennsylvania Bulletin on October 5, 2009.
On March 2, 2010, a Public Hearing will be held at 1 p.m., at the Morrell Volunteer Fire Department, located on Morrell Road, Dunbar, PA 15432. Morrell Road is approximately 1 1/2 miles south of Connellsville, PA just off of Route 119. Specifically, the Morrell Volunteer Firehall is located just across Morrell Road from the entrance to the Comet Drive In.
The issues raised by the persons requesting the hearing include NPDES Discharge and recreational concerns.
The meeting will be divided into three sessions. The first will be a Department of Environmental Protection (Department) presentation of the permit application review process which will include site specific information on the proposed application. The second session will be an open house session where anyone will be able to discuss their concerns with the individual reviewers. And the third session will be a formal Public Hearing.
The rules of the public hearing session follow:
1) Be prepared to sign in if you intend to speak in the hearing phase of the meeting.
2) The speakers will be called to speak in chronologic order of the list.
3) Each speaker will have 5 minutes to speak.
4) Each speaker will approach a podium or similar accommodation where they will speak in front of the audience.
5) The Department will not answer questions at the public hearing portion of the meeting.
6) Only one speaker may speak at a time.
7) A stenographer will be provided to record the speaker's comments for the record.
Further information can be obtained by contacting the Greensburg District Mining Office. Written comments will be received during the 7 day comment period after the hearing.
Individuals with a disability wishing to attend this meeting and require an auxiliary aid, service or other accommodation to participate, call (724) 925-5500 and ask for Cathy Hillman, ADA Coordinator to discuss how their needs may be best accommodated. Individuals may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD Users) or (800) 654-5988 (Voice Users) and request that your call be relayed to Cathy Hillman at (724) 925-5500.
The application, plans and other data concerning the permit are available at the Department of Environmental Protection, Bureau of Deep Mine Safety, Fayette County Health Center, 100 New Salem Road, Uniontown, PA 15401, and the Department of Environmental Protection, Greensburg District Office, Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601. For an appointment at the Greensburg District Office, call (724) 925-5500.
[Pa.B. Doc. No. 10-147. Filed for public inspection January 22, 2010, 9:00 a.m.]
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