[31 Pa.B. 6059]
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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(a)).
Except as otherwise noted, the Department certifies that the construction and operation herein 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.
Any person aggrieved by this 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, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of 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 decisional law.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note: Water Obstruction and Encroachment Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)
Permits Issued and Actions on 401 Certifications:
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E15-649. Matthew Thompson, 981 South Bolmar Street, West Chester, PA 19382-4505, East Bradford Township, Chester County, ACOE Philadelphia District.
To perform the following activities associated with construction of a single family dwelling in and along an unnamed tributary to Plum Run (WWF):
1. To install and maintain 77 linear feet of 29-inch by 42-inch elliptical CMP culvert and associated swale.
2. To place fill in 0.05 acre of wetland associated with the proposed activity. The amount of wetland impact is considered a de minimis impact and wetland mitigation is not required.
The site is located approximately 250 feet west of the intersection of General Sterling Road and Spare Cheney Drive (West Chester, PA USGS Quadrangle N: 8.5 inches; W: 16.25 inches).
E15-656. Jand Enterprises, Inc., 126 Aspen Drive, Downingtown, PA 19335, East Brandywine Township, Chester County, ACOE Philadelphia District.
To construct and maintain 55 linear feet of 48-inch CMP culvert in and along an unnamed tributary to Culbertson Run (HQ-TSF-MF) and impacting 0.06 acre if adjacent wetlands to serve as an access road for the proposed Hawks Nest Meadows Subdivision. The site is located approximately 750 feet southwest of the intersection of Highspine Road and Marshall Road. (Wagontown, PA Quadrangle N: 11 inches, W: 1.2 inches). The permittee is required to provide a minimum of 0.06 acre if replacement wetlands.
E46-860. Jones Brothers Contractors, Inc., 310 West 12th Street, Conshohocken, PA 19428, Conshohocken Borough, Montgomery County, ACOE Philadelphia District.
To construct and maintain a 7,000 square-foot warehouse and associated parking area in and along the 100-year floodway of Plymouth Creek (WWF). The structure shall be supported on pilings to allow passage of flood flows and the first floor elevation will be above the anticipated 100-year flood elevation. This site is located approximately 1,800 feet north of the intersection of Elm Street and Colwell Lane (Norristown, PA USGS Quadrangle N: 14.4 inches; W: 8.5 inches). This also authorizes the permittee to install and maintain an 18-inch stormwater outfall structure, which shall be done in accordance with the conditions of BDWM--General Permit No. 4.
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E45-412. Raintree Homes, Inc., HC 1, Box 1049, Tannersville, PA 18372. Pocono Township, Monroe County, Army Corps of Engineers Philadelphia District.
To construct and maintain a stormwater outfall channel and associated energy dissipator in the floodway of Bulgers Run. Issuance of this permit constitutes approval of the Environmental Assessment for the proposed modification of the existing principal spillway of a nonjurisdictional earthfill embankment dam at the project site. The project is associated with the proposed expansion of Pocono Haven Residential Subdivision located approximately 0.6 mile north of the intersection of S.R. 1001 and Cranberry Road (Mount Pocono, PA Quadrangle N: 8.2 inches; W: 4.2 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E21-328. Mount Holly Springs Borough, 200 Harmon Street, Mount Holly Springs, PA 17065 in Mount Holly Springs Borough, Cumberland County, ACOE Baltimore District.
To remove an existing bridge and to construct and maintain a single span prestressed concrete adjacent box beam bridge having a clear span of 60.0 feet and an underclearance of about 8.9 feet with R-4 size rock riprap at both abutments across Mountain Creek (TSF) located on Pine Street (Mount Holly Springs, PA Quadrangle N: 20.8 inches; W: 8.8 inches) in Mount Holly Springs Borough, Cumberland County.
E22-422. Colonial Ridge Incorporated, 4800 Linglestown Road, Suite 306, Harrisburg, PA 17112 in Lower Paxton Township, Dauphin County, ACOE Baltimore District.
To provide authorization for filling 0.03 acre of palustrine emergent wetlands at Lot No. 21 of the Colonial Ridge Residential Development (Harrisburg East, PA Quadrangle N: 15.8 inches; W: 6.9 inches) in Lower Paxton Township, Dauphin County. The permittee is required to provide 0.06 acre of replacement wetlands.
E34-099. Earl Lear, R. R. 1 Box 38, East Waterford, PA 17021 in Lack Township, Juniata County, ACOE Baltimore District.
To construct and maintain a bridge having a span of 50 feet and an underclearance of 7 feet across the channel of Lick Run (CWF) and to place fill in a de minimis acre of wetlands less than 0.05 acre at a point approximately 2,500 feet upstream of SR 3020 for the purpose of providing access to an existing home in (Blairs Mills, PA Quadrangle N: 19.5 inches; W: 4.25 inches) in Lack Township, Juniata County.
E31-169. Stony Creek Holdings, 940 Log Cabin Road, Leola, PA 17540 in Shirley Township, Huntingdon County, ACOE Baltimore District.
To construct and maintain a bridge having a span of 36 feet and an underclearance of 9 feet across the channel of Blacklog Creek (HQ-CWF) at a point approximately 17,000 feet upstream of the Cromwell/Shirley Township boundary line (Aughwick, PA Quadrangle N: 12.75 inches; W: 5.38 inches) in Shirley Township, Huntingdon County.
E31-170. Oneida Township, P. O. Box 406, Huntingdon, PA 16652 in Oneida and Henderson Townships, Huntingdon County, ACOE Baltimore District.
To remove an existing structure and to construct and maintain a 19-foot, 10-inch by 7-foot, 8-inch aluminum box culvert arch in the channel of Murray Run (HQ-CWF) at a point at Wike Road (T-483) (Donation, PA Quadrangle N: 6.9 inches; W: 10.5 inches) in Oneida and Henderson Townships, Huntingdon County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E14-405. Troy Dinges, 1385 Pine Creek Road, Coburn, PA 16832. Stream Crossing, in Haines Township, Centre County, ACOE Baltimore District (Coburn, PA Quadrangle N: 22.2 inches; W: 4.9 inches).
To construct, operate and maintain a 36-inch diameter metal corrugated culvert pipe crossing and associated rock fill in an unnamed tributary to Pine Creek. The culvert pipe shall be depressed under the existing stream bed a minimum of 6 inches, the work shall be completed during the streams low flow period and all stream bank disturbance shall be stabilized with indigenous vegetation within 72 hours of final earthmoving. This project is located 1 mile north on Inglby Road from the intersection with Pine Creek Road. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E18-319. Pennsylvania Department of Transportation, 1924-30 Daisy Street, Clearfield, PA 16830. Rehabilitation of Timber Truss Covered Bridge, in Logan Township, Clinton County, ACOE Baltimore District (Millheim, PA Quadrangle N: 1.0 inch; W: 1.5 inches).
To 1) construct and maintain temporary cofferdams; 2) remove the existing bridge deck, abutments and pier bent; 3) construct and maintain two new stone faced concrete abutments, a steel girder/wood deck with a 49-foot 9-inch clear span and an 8.5-foot minimum underclearance; and 4) refurbish and maintain the siding/roof of the covered bridge across Fishing Creek located 0.4 mile south on T-346 from SR 880 (Millheim, PA Quadrangle N: 1.0 inch; W: 1.5 inches) in Logan Township, Clinton County. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E53-361. Adelphia Communications Corporation, Main at Water Street, Coudersport, PA 16915. Adelphia Operations Building--Storm Water Outfall, in Coudersport Borough, Potter County, ACOE Pittsburgh District (Coudersport, PA Quadrangle N: 3.9 inches; W: 3.2 inches).
To remove an existing outfall and construct, operate and maintain an outfall structure in the Allegheny River to discharge stormwater from a commercial facility. The permanent outfall structure shall be constructed with 15-inch diameter high-density plastic pipe and a 15-inch wall mounted flap gate. The project is located along the northern right-of-way of SR 0006 approximately 700-feet north of SR 0006 and SR 3017 intersection (Coudersport, PA Quadrangle N: 3.9 inches; W: 3.2 inches) in Coudersport Borough, Potter County. A regularly scheduled inspection of the outfall and flap gate shall be conducted for continued operation and maintenance for the lifetime of the facility. The regularly schedule inspection shall be after every full flood channel flow or at a minimum annually. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.
E53-363. Coudersport Borough, 201 South West Street, Coudersport, PA 16915. 36" Stormwater Outfall, in Coudersport Borough, Bradford County, ACOE Pittsburgh District (Coudersport, PA Quadrangle N: 3.8 inches; W: 3.4 inches).
To construct and maintain a 36-inch diameter stormwater outfall pipe to the Allegheny River approximately 140-feet west of the intersection of Cherry and Bank Streets. The project will not impact wetlands while impacting approximately 5-feet of waterway. The Allegheny River is a Cold Water fisheries stream.
E53-364. Genesee Township, P. O. Box 1, Genesee, PA 16923. Water Obstruction and Encroachment Permit application, in Genesee Township, Potter County, ACOE Susquehanna River Basin District (Ulysses, PA Quadrangle N: 21.23 inches; W: 16.93 inches).
To operate and maintain a 335 foot flood control project consisting of 310-feet of bin type retaining wall and 25-feet of rock riprap protection all of which is located along the left bank of the Genesee River north of the SR 0244 bridge in the village of Genesee, Potter County.
E53-365. Borough of Coudersport, 201 South West Street, Coudersport, PA 16915. Water Obstruction and Encroachment Permit application, in Coudersport Borough, Potter County, ACOE Susquehanna River Basin District (Coudersport, PA Quadrangle N: 3.03 inches; W: 2.26 inches).
To operate and maintain a flood control project consisting of 1,440 feet of concrete trapezoidal channel including a spillway entrance structure and debris basin, 1,900 feet of earthen levee along the right bank upstream of the aforementioned debris basin each located along Mill Creek, as well as an improved earthen channel, 800 feet of earthen levee, 5,600 feet of rectangular and trapezoidal concrete channel, terminating in a stilling basin, 3,900 feet of earth channel realignment and improvement, all of which are located along the Allegheny River in the borough of Coudersport, Potter County.
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1348. Jack Bindyke, P. O. Box 264, 111 Sea Breeze Road, Bunola, PA 15020. Forward Township, Allegheny County, ACOE Pittsburgh District.
To operate and maintain an existing boat docking facility along the right bank of the Monongahela River (WWF) near Mile Point 26.5. Note: this site is part of an existing marina that was permitted under E02-735 (Monongahela, PA Quadrangle N: 20.9 inches; W: 8.9 inches).
E65-782. Cook Township, R. D. 1, Box 230, Stahlstown, PA 15687. Cook Township, Westmoreland County, ACOE Pittsburgh District.
To remove the existing structure and to construct and maintain a 1.0-foot depressed 77-inch x 52-inch corrugated metal pipe culvert in an unnamed tributary to Keffer Run (TSF) for the purpose of improving transportation safety and roadway standards. The project is located on Stom Road (Stahlstown, PA Quadrangle N: 13.29 inches; W: 7.75 inches).
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-332, Regional Industrial Development Corporation, RIDC Suite 500, 425 Sixth Avenue, Pittsburgh, PA 15219. Thorn Hill Industrial Park, in Cranberry Township, Butler County, ACOE Pittsburgh District.
To conduct the following activities associated with development of Thorn Hill Industrial Park in Cranberry Township, Butler County:
1. Remove an existing culvert and service road across a tributary to Brush Creek (WWF).
2. Construct and maintain a 140-foot long concrete box stream enclosure having a 14-foot wide by 8-foot high waterway opening in a tributary to Brush Creek (WWF) approximately 1400 feet south of Freedom Road for the extension of Thorn Hill Road to Freedom Road.
3. Fill a total of 1.09 acres of wetland (PEM/PSS/PFO) associated with the extension of Thorn Hill Road to Freedom Road and lot development.
Project includes construction of 1.10 acres of replacement wetland east of Commonwealth Drive south of Freedom Road.
E62-379, National Fuel Gas Supply Corporation, 1100 State Street, Erie, PA 16501. Line D-M1 Across Allegheny River and Ott Run, in City of Warren and Mead Township, Warren County, ACOE Pittsburgh District (Warren, PA Quadrangle N: 14.1 inches; W: 0.3 inch).
To install and maintain an 8-inch diameter natural gas pipeline across Ott Run (CWF) and the Allegheny River approximately 2,500 feet west of the Glade Bridge carrying S.R. 6 across the Allegheny River.
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering, , Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.
D51-001EA. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, P. O. Box 8476, Harrisburg, PA 17105-8476. Lower Merion Township, Montgomery County, ACOE Philadelphia District.
The project proposes to construct a fish passage facility at Flat Rock Dam located across the Schuylkill River (WWF, MF) to further efforts in restoring migratory fishes to their historical range in the watershed. A reinforced concrete structure with approximate dimensions of 190 feet long by 30 feet wide, is proposed on the right bank (western shoreline) of the Schuylkill River immediately adjacent to the existing dam abutment. The structure incorporates a series of twenty 10 foot by 10 foot resting bays interconnected by vertical baffles. Flow through the structure will be regulated with auxiliary piping and power operated gates. Two 10 foot wide channels will be excavated in the tail-water area immediately downstream of the dam to facilitate the movement of migrating fish from the left bank (eastern shoreline) area of the river to the location of the passageway on the right bank (western shoreline). A channel, varying in width from 12 to 20 feet, will also be excavated for a distance 180 feet downstream of the fish passage entrance to facilitate fish migration (Germantown, PA Quadrangle N: 7.15 inches W: 17.25 inches).
[Pa.B. Doc. No. 01-1967. Filed for public inspection November 2, 2001, 9:00 a.m.]
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