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PA Bulletin, Doc. No. 03-1595e

[33 Pa.B. 4080]

[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 may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary 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 decision law.

   For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

   Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 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

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

   EA54-012NE. Schuylkill Headwaters Association, P. O. Box 138, Pottsville, PA 17901. Reilly Township, Schuylkill County, Army Corps of Engineers Philadelphia District.

   To construct and maintain an acid mine discharge (AMD) treatment system situated in and along a tributary to Muddy Creek and adjacent wetlands. The purpose of the project is to treat and reduce AMD loadings discharging from the Otto Discharge. The project is approximately 0.2 mile southeast of the intersection of SR 0209 and SR 4008 (Minersville, PA Quadrangle N:  7.9 inches; W:  9.8 inches).

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

   E34-105:  Dominion Transmission, Inc., 445 West Main Street, Clarksburg, WV 26301 in Lack Township, Juniata County, ACOE Baltimore District.

   To operate and maintain approximately 7.95 miles of an existing 30-inch natural gas pipeline (PL-1) in Lack Township, Juniata County. The PL-1 section begins at the Juniata/Huntingdon County border near the Town of Blairs Mills (Blairs Mills, PA Quadrangle N:  5.9 inches; W:  11.8 inches) and ends near the Town of Perulack (Blairs Mills, PA Quadrangle N:  18.9 inches; W:  4.1 inches). The existing pipeline crosses the following resources illustrated on the Blairs Mills, PA Quadrangle and the Blairs Mills, Pennsylvania National Wetlands Inventory map: Georges Creek (CWF), unnamed tributary to Blair Hollow (CWF), Blair Hollow (CWF), Tuscarora Creek (CWF), Narrows Branch Tuscarora Creek (CWF) and a 10.1-acre PFO wetland along Georges Creek.

   E07-370:  Blair County Commissioners, Blair County Court House, 423 Allegheny Street, Hollidaysburg, PA 16648 in Frankstown Township, Blair County, ACOE Baltimore District.

   To remove the existing structure and then to construct and maintain a two-span concrete bridge; each span is 81.48 feet with an average underclearance of 17.7 feet over the Frankstown Branch Juniata River on T-444 about 530 feet south of its intersection with SR 22 (Frankstown, PA Quadrangle N:  17.75; W:  3.1 inches) in Frankstown Township, Blair County.

   E07-371:  The Lakemont Partnership, 1873 Old Route 22, P. O. Box 806, Duncansville, PA 16635-0806 in Logan Township, Blair County, ACOE Baltimore District.

   To construct and maintain a pedestrian bridge having a clear span of 52.2 feet, a maximum under clearance of 6.3 feet and an in-stream length of approximately 7.0 feet, crossing Brush Run (WWF) at a point approximately 1,500 feet east of SR 220 along the south side of 11th Street in Lakemont Park (Hollidaysburg, PA Quadrangle N:  18.6 inches; W:  2.7 inches) in Logan Township, Blair County.

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

   E02-1394. Levin Furniture, 301 Fitz Honey Road, Smithton, PA 15479. Levin Furniture Store in the Municipality of Monroeville, Allegheny County, Pittsburgh ACOE District (Murrysville, PA Quadrangle N:  10.7 inches; W:  14.9 inches). To place and maintain fill in 0.375 acre of wetlands, to construct and maintain a stormwater pond within a tributary to Thompson Run (WWF) and to construct and maintain various outfall structures to Thompson Run for a proposed Levin Furniture Store. The project is in the northeast corner of the intersection of Old William Penn Highway and Elliott Road. To meet wetland replacement requirements, the applicant has made a payment to the Wetland Replacement Fund. This project will also culvert approximately 775 feet of stream channel that qualifies for authorization under the Department's waiver 105.12(a)(2).

   E03-414. Roaring Run Watershed Association, P. O. Box 333, Apollo, PA 15613-0333. Former Coal Mine Portal in Kiskiminetas Township, Armstrong County, Pittsburgh ACOE District. To place and maintain a riparian buffer along approximately 600 linear feet of Roaring Run (CWF) at a site along McCartney Road (T-460), between intersections of this roadway with Hilty Road and Edmond Road in Kiskiminetas Township, Armstrong County (Vandergrift, PA Quadrangle N:  13.55 inches; W:  0.45 inch). The project will include:  

   1.  The removal of a 50-foot long, 6-foot diameter CM pipe culvert and a 45-foot long stream crossing consisting of three 3-foot diameter concrete pipes.

   2.  Restoring the stream banks after the removal of these culverts with approximately 145 linear feet of R-5 rock riprap bank stabilization.

   3.  The removal of material that was stockpiled along approximately 400 linear feet of stream bank.

   4.  The planting of an approximately 35-foot wide vegetative buffer along both stream banks for the entire project length of 600 feet.

   E26-306. Board of Supervisors of German Township, 2 Long Street, McClellandtown, PA 15458. Browns Run Trail Bridge Replacements in German Township, Fayette County, Pittsburgh ACOE District. To rehabilitate and maintain six abandoned railroad bridges and a bridge of T-376 across Browns Run (WWF). The proposed rehabilitation consists of construction of superstructures and repair of substructures of the six bridges on the abandoned railroad track and a deck replacement on T-376:  

   1.  Bridge No. 1 having three spans of 59.5 feet each, at station 20+85 (Masontown, PA Quadrangle N:  22.17 inches; W:  5.82 inches).

   2.  Bridge No. 2 having three spans of 44 feet each, at station 64+78 (Masontown, PA Quadrangle N:  22.21 inches; W:  4.43 inches).

   3.  Bridge No. 3 having two spans of 38.5 feet each at station 75+58 (Masontown, PA Quadrangle N:  2172 inches; W:  4.2 inches).

   4.  Bridge No. 4 having two spans of 38.5 feet each at station 81+02 (Masontown, PA Quadrangle N:  21.63 inches; W:  3.98 inches).

   5.  Bridge No. 5 having two spans of 38.5 feet each at station 86+64 (Masontown, PA Quadrangle N:  21.58 inches; W:  3.71 inches).

   6.  Bridge No. 6 having three spans of 23.5 feet each at station 93+32 (Masontown, PA Quadrangle N:  21.48 inches; W:  3.4 inches).

   7.  Bridge No. 7 on T-376 having a single span of 51 feet (Masontown, PA Quadrangle N:  20.91 inches; W:  2.88 inches).

   The purpose of the project is to construct and maintain a bicycle-pedestrian trail on an abandoned railroad track. The project starts from Huron on the eastern bank of the Monongahela River and extends for approximately 2 miles to SR 21 along Browns Run.

   E65-814. Municipality of Murrysville, 4100 Sardis Road, Murrysville, PA 15668. Saddle Pack Trail Culvert in the Municipality of Murrysville and Washington Township, Westmoreland County, Pittsburgh ACOE District (Murrysville, PA Quadrangle N:  21.4 inches; W:  3.4 inches). To remove the existing structure and to construct and maintain a 40.0-foot long, 1.0-foot depressed 16.0-foot by 7.0-foot reinforced concrete box culvert with baffles in Pucketa Creek (TSF) on Saddle Pack Trail, 300 feet south of Route 366.

   E65-815. Municipality of Murrysville, 4100 Sardis Road, Murrysville, PA 15668. Structure No. 46 Replacement Cline Hollow Road in the Municipality of Murrysville, Westmoreland County, Pittsburgh ACOE District (Murrysville, PA Quadrangle N:  9.29 inches; W:  4.9 inches). To remove the existing structure and to construct and maintain a 40.0-foot long, 1.0-foot depressed 10.0-foot by 6.0-foot reinforced concrete box culvert with baffles in an unnamed tributary to Turtle Creek (TSF). With the installation of wingwalls and a riprap apron, approximately 58.5 feet of watercourse will be permanently impacted by this activity. The project site is on Cline Hollow Road, approximately 800 feet north of Route 22.


SPECIAL NOTICES

Certification to Perform Radon-Related Activities in this Commonwealth

   In the month of July 2003, the Department of Environmental Protection, under the Radon Certification Act (63 P. S. §§ 2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the following persons to perform radon-related activities in this Commonwealth. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in this Commonwealth and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON.

Name Address Type of Certification
Advantage Radon Control Centers626 Jacksonville Road
Center Pointe Office Center
Suite 200
Warminster, PA 18974
Mitigation
Timothy Beemer2843 North Front Street
Suite 100
Harrisburg, PA 17110
Testing
Jeffrey Calta106 Vensel Lane
P. O. Box T
Chicora, PA 16025
Laboratory
George CorkdaleP. O. Box 149
Crosswicks, NJ 08515
Testing
D-Tech P. O. Box 902
Blue Bell, PA 19422
Testing
Delta Inspection Services, Inc.P. O. Box 586
Yardley, PA 19067
Testing
Fidelity Inspection &
Consulting Services
626 Jacksonville Road
Center Pointe Office Center
Suite 200
Warminster, PA 18974
Testing
Brian Gallagher3650 Concorde Parkway
Suite 100
Chantilly, VA 20151
Testing
Stephen Gazzo780 Pierson Run Road
Pittsburgh, PA 18239
Testing
Richard Haag
Safe Shelter Environmental
346 North Pottstown Pike
Exton, PA 19341
Testing and Mitigation
Robert Jesberg 2275 East New Street
East Petersburg, PA 17520
Testing
Patrick Kelly 601 South Irving Avenue
Scranton, PA 18505
Testing
Robert KrauseP. O. Box 187
208 Depot Street
Clarks Summit, PA 18411
Testing
David Lanzer
Clean Air Pro
174 Penn Lear Drive
Monroeville, PA 15146
Mitigation
Cynthia Lawn
Franklin Environmental Analysis
2334 Orthodox Street
Philadelphia, PA 19137
Testing and Laboratory
Joseph Miloser 134 Woodrow Drive
Ellwood City, PA 16117
Testing
Joseph Molony 220 Dotterer Road
Lenhartsville, PA 19534
Testing
Lewis Nelson, IV
First Choice Radon Testing Co., Inc.
Box 830
Huntingdon Valley, PA 19006
Testing
Josh Rudy 1604 Lititz Pike
Lancaster, PA 17601
Testing
Val Sarko Box 15052
Reading, PA 19612
Testing
Rodney Williams4296 Limeport Pike
Coopersburg, PA 18036
Testing
Sharon Young 301 Rt. 940
Mt. Pocono, PA 18344
Testing

Individual CAFO NPDES Permit

   Southcentral Regional Office:  Regional Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707.

   PA0247260, Craig Metzler (Metzler Swine Farm), 41 Miller Road, Delta, PA 17314. Craig Metzler has submitted an application for an NPDES permit for a proposed swine finishing operation known as Metzler Swine Farm, Aubel Road, Peach Bottom Township, York County. The operation will be situated between an unnamed tributary of Neill Run and an unnamed tributary of Fishing Creek (TSF). The operation will be designed to maintain an animal population of approximately 603 AEUs consisting of 4,400 finishing swine.

   Two swine finishing houses are proposed, each containing 2,200 swine. The expected annual liquid manure production is approximately 2.4 million gallons. Manure will be stored in 8-foot deep concrete pits below each of the houses. Approximately 200,000 gallons of manure will be applied on the home farm and 2.2 million gallons will be exported to three offsite farms annually. The total capacity of the manure storage facilities will be approximately 2 million gallons.

   The Department has scheduled a public hearing to receive testimony and comments on the proposed CAFO NPDES permit. The hearing will be held on Wednesday, September 17, 2003, at 7 p.m. at the Delta Cardiss Volunteer Fire Company, 500 Main Street, Delta, PA 17314.

   Persons intending to testify at the hearing should register by Friday, September 12, 2003, by calling Karen Sitler at (717) 705-4904. If no person registers to present oral comments by this deadline, the hearing will not be held. In addition, persons who wish to submit testimony but who cannot attend the hearing may do so in writing by Wednesday, September 24, 2003. Written comments should be sent to Sean Furjanic, Water Management Program, Permits Section, Department of Environmental Protection, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, sefurjanic@state. pa.us. Testimony can also be hand-delivered to Karen Sitler at the public hearing.

   All testimony should be to the point. Individuals will have between 5 and 10 minutes for a presentation. To ensure that all speakers have a fair and equal opportunity to present their testimony, relinquishing of time will be prohibited. Further details relating to the procedures to be followed at the hearing will be outlined at the beginning of the proceedings.

   The permit application is on file at the Southcentral Regional Office in Harrisburg. An appointment to review the files may be scheduled by calling Cynthia Wolfe at (717) 705-4732 between 8 a.m. and 4 p.m., Monday through Friday.

   Comments received will be considered in formulating the Department's decision regarding the application. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the basis of the comment and the relevant facts upon which it is based.

   The EPA permit review waiver provision under 40 CFR 123.24(e) does not apply to this NPDES permit.

[Pa.B. Doc. No. 03-1595. Filed for public inspection August 15, 2003, 9:00 a.m.]



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