[33 Pa.B. 5207]

[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.

   E54-307. Tremont Borough, 19 North Pine Street, P. O. Box 55, Tremont, PA 17981-1706. Tremont Borough, Schuylkill County, Army Corps of Engineers Baltimore District, Subbasin 7D.

   To remove approximately 500 CY of a vegetated gravel bar in Good Spring Creek (CWF, perennial) for the purpose of restoring the original stream channel geometry. The project is at the East Line Street Bridge and continues approximately 175 feet downstream (Tremont, PA Quadrangle N:  0.4 inch; W:  1.7 inches).

   E45-434. Brodhead Watershed Association, P. O. Box 339, Henryville, PA 18332. Stroudsburg Borough, Monroe County, Army Corps of Engineers Philadelphia District.

   To construct and maintain a streambank stabilization and habitat improvement project consisting of structural and bioengineering stabilization measures, random boulder placement and a J-hook rock vane in and along a 600 LF section of Pocono Creek (HQ-CWF). The project is behind Stroudsburg High School, just south of North Ninth Street (Stroudsburg, PA Quadrangle N:  20.0 inches; W:  10.5 inches) (Subbasin 1E).

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

   E31-191: James and Heather Little, 1516 26th Avenue, Altoona, PA 16601 in Henderson Township, Huntingdon County, ACOE Baltimore District.

   To construct and maintain a 16-foot by 32-foot prefabricated storage shed elevated on piers next to the Juniata River (WWF) along Jacob's Crossing Road in Henderson Township, Huntingdon County (Mount Union, PA Quadrangle N:  14.5 inches; W:  13.9 inches).

   E44-122: Mifflin County Conservation District, 20 Windmill Hill No. 4, Burnham, PA 17009 in Menno Township, Mifflin County, ACOE Baltimore District.

   To rehabilitate and maintain Little Kishacoquillas Creek (CWF, perennial) for the purposes of stream bank stabilization, improved aquatic habitat and establishment of a riparian buffer while implementing a natural stream channel design approach consisting of the following activities: minor channel relocation, stream and floodway excavation and filling, the placement of vortex rock weirs, log vanes, riffle sills, coir logs, rock toes, an agricultural crossing and a stabilized livestock watering area beginning at the Knepp Road (T-342) culvert and continuing to a point 1,400 feet upstream (Allensville, PA Quadrangle N:  15.45 inches; W:  2.6 inches and N:  15.1 inches; W:  3.22 inches respectively) in Menno Township, Mifflin County. The project proposes to directly affect 1,400 feet of Little Kishacoquillas Creek.

   E22-461: Susquehanna Area Regional Airport Authority, 508 Airport Drive, Middletown, PA 17057 in Middletown Borough and Lower Swatara Township, Dauphin County, ACOE Baltimore District.

   To repair and maintain the existing 15,000-foot long flood control dike and levee system, which includes: vegetative removal, flood gate repairs, gully and washdown fills and rip-rap replacement along the Susquehanna River (WWF) surrounding the 950-acre Harrisburg International Airport (Middletown, PA Quadrangle N:  13.6 inches; W:  2.15 inches) in Middletown Borough and Lower Swatara Township, Dauphin County.

   E22-455: Wren Dale Golf Club, 2213 Forest Hills Drive, Suite No. 3, Harrisburg, PA 17112 in South Hanover Township, Dauphin County, ACOE Baltimore District.

   To construct and maintain an intake structure along the Swatara Creek (WWF) and approximately 570 linear feet of water line, a parking area and a manhole in a wetland adjacent to Swatara Creek (WWF) at a point along SR 2010 (Canal Street) (Hershey, PA Quadrangle N:  9.9 inches; W:  6.4 inches) for the purpose supplying a secondary source of irrigation water to the Wren Dale Golf Club in South Hanover Township, Dauphin County. The amount of wetland impact is considered a de minimis impact of 0.01 acre and wetland mitigation is not required.

   E22-459: Benjamin Novinger, 4915 Colorado Avenue, Harrisburg, PA 17109 in West Hanover Township, Dauphin County, ACOE Baltimore District.

   To: (1)  place fill in 0.18 acre of wetlands; and (2)  construct and maintain a waivered culvert crossing of an unnamed tributary to Manada Creek (WWF) for the purpose of accessing and developing a private residential building lot on the east side of SR 0039 approximately 4,000 feet south of its intersection with U. S. Route 22 (Hershey, PA Quadrangle N:  14.05 inches; W:  11.90 inches) in West Hanover Township, Dauphin County. The permittee has met the wetland replacement requirement by participating in the Pennsylvania Wetland Replacement Project.

   Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

   E14-446. Dale T. Bresler, 965 Marengo Road, PA Furnace, PA 16865. Bresler bridge in Ferguson Township, Centre County, ACOE Baltimore District (Franklinville, PA Quadrangle N:   16.98 inches; W:   2.49 inches).

   To maintain two 42-foot by 8-foot metal and wood plank flat bed trailers side-by-side and the existing abutments that have a clear span of 18 feet and an underclearance of 7.5 feet across Halfmoon Creek (HQ-CWF), 100 feet off of Marengo Road and 1.5 miles north of SR 45. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E59-440. Dominion Transmission, Inc., 445 West Main Street, Clarksburg, WV 26301. Dominion Transmission, Inc., LN-50 operation and maintenance in Elk, Gaines and Clymer Townships, Tioga County, ACOE Baltimore District (Elkland, PA Quadrangle N:   19.6 inches; W:   5.2 inches).

   This permit authorizes the operation and maintenance of an existing 30-inch diameter LN-50 pipeline over 23 miles within an existing 75-foot right-of-way for the transmission of natural gas. Replacement or maintenance of the 30-inch diameter pipeline may require 17 stream crossings as follows:

Stream Name	Water Quality Designation	Latitude Coordinates	Longitude Coordinates
Billings Branch	EV	41° 38` 41"	77° 32` 40"
Elk Run	HQ-CWF	41° 41` 1"	77° 32` 37"
Dewey Hollow	HQ-CWF	41° 41` 27"	77° 32` 28"
Lewis Run	HQ-CWF	41° 42` 2"	77° 32` 28"
Lick Run	HQ-CWF	41° 43` 35"	77° 32` 14"
Whitney Hollow	HQ-CWF	41° 44` 23"	77° 32` 12"
Pine Creek	EV	41° 44` 40"	77° 32` 12"
Shin Hollow	HQ-CWF	41° 44` 57"	77° 32` 14"
Baker Branch	HQ-CWF	41° 48` 45"	77° 31` 6"
UNT to Baker Branch	HQ-CWF	41° 49` 21"	77° 31` 9"
UNT to Baker Branch	HQ-CWF	41° 55` 4"	77° 17` 2"
East Beech Woods	HQ-CWF	41° 50` 49"	77° 31` 16"
UNT to Mill Creek	TSF	41° 51` 31"	77° 31` 2"
Wetland Crossing	Other	41° 44` 57"	77° 32` 14"
Wetland Crossing	Other	41° 46` 54"	77° 27` 12"
Wetland Crossing	EV	41° 48` 27"	77° 28` 14"
Wetland Crossing	Other	41° 50` 49"	77° 31` 16"

   All gas transmission lines shall be replaced beneath streambeds so there will be a minimum of 3 feet of cover between the top of the pipe and the lowest point in the streambed. Trench plugs or clay dikes shall be used at every waterway and wetland crossing to ensure the existing hydrology is not altered. If upon investigation the Department determines the gas transmission line approved by this permit is serving to degrade water quality, stream profile, meander pattern or channel geometries, then the permittee shall be required to implement all measures necessary to mitigate the degradation. This permit also authorizes the crossing of any wetland that may occur along the 29-mile pipeline right-of-way; during replacement and maintenance operations, the permittee shall take all precautions necessary to ensure that wetland impacts along the right-of-way are temporary. Since Billings Branch, Elk Run, Baker Branch, Sewey Hollow, Lewis Run and Lick Run are wild trout fisheries, no pipeline maintenance work shall be conducted in or along these wild trout stream, or tributaries, between October 1 and April 1 without the prior written permission of the Fish and Boat Commission. Since Pine Creek, East Beech Woods and Mill Creek are trout stocked streams, no work shall be conducted in or along these stream channels, or tributaries, between March 1 and June 15 without the prior written permission of the Fish and Boat Commission.

   E59-444. Elkland Borough, 105 Parkhurst Street, Elkland, PA 16920. North Buffalo Street bridge replacement in Borough of Elkland, Tioga County, ACOE Baltimore District (Elkland, PA Quadrangle N:  21.58 inches; W:  8.53 inches).

   To remove a two-lane three-barrel culvert structure and the removal of a single span bridge structure, which has a 39.3-foot span and an underclearance of 5.0 feet. Both structure removals shall be so that no appurtenant portion of the structures remains and that all grades are returned to their natural contours. This permit also authorizes the construction, operation and maintenance of a bridge structure with a clear span of 50 feet and an average vertical underclearance of 10.2 feet. This structure is authorized to be placed 75 feet south of the existing structure and have a skew of 60 degrees. Authorization is also granting construction of a 556 linear foot channel relocation of Camp Brook. Operation and maintenance is not authorized for this portion of the permit. The existing bed cross-section and configuration shall be matched to eliminate any potential abrupt changes in horizontal or vertical curvature. The work is authorized on Camp Brook (WWF), 0.5 mile north of North Buffalo Street from the intersection with SR 49.

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

   E11-299. West Carroll Township Supervisors, P. O. Box 374, Elmora, PA 15737-0374. T-505 Culvert in West Carroll Township, Cambria County, Pittsburgh ACOE District (Colver, PA Quadrangle N:  13.29 inches; W:  1.58 inches) (Latitude 40° 34` 23"--Longitude 78° 45` 41"). To remove the existing structure and to construct and maintain a 20-foot long CM arch culvert having a span of 7.3 feet and an underclearance of 5.3 feet with natural channel bottom in North Branch Blacklick Creek (CWF) on T-505 (Gwizdak Road) at a point approximately 0.5 mile south of T-504.

   E63-507. Glencannon Homeowners Associates, 425 Hunting Creek Road, Canonsburg, PA 15317. Glencannon Pond Improvements in North Strabane Township, Washington County, Pittsburgh ACOE District (Canonsburg, PA Quadrangle N:  1.8 inches; W:  2.7 inches) (Latitude 90° 15` 36"--Longitude 80° 08` 40"). To place and maintain fill along the banks of an unnamed tributary to Little Chartiers Creek, to place and maintain riprap bank stabilization along the banks of said stream, to dredge and maintain the channel of said stream and to remove the existing foot bridge and to construct and maintain a 48-inch diameter culvert (depressed 1.0 foot below the streambed) for the purpose of relocating the existing pedestrian walkway and rehabilitating the existing Glencannon Pond. The project is on the west side of Hunting Creek Road, approximately 2,400 feet northeast from the intersection of McClelland Road, Galley Road and Route 19.

   EA1409-001. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, Cambria Office, 286 Industrial Park Rd., Ebensburg, PA 15931.

   Acid Mine Drainage Abatement Project in Burnside Township, Centre County, Baltimore ACOE District (Karthaus Quadrangle N:  13.25 inches; W:  4.75 inches). The applicant proposes to construct passive treatment facilities to treat AMD contaminating Boake Run, a tributary of Sterling Run. The project will include the relocation of: (1) 900 linear feet of perennial stream; and (2) 650 linear feet of intermittent stream, with most of the flow divert through a series of treatment ponds. During high flows, a portion of the water will bypass the treatment system and flow down the relocated stream channel. The project will also fill (3) 0.76 acre of PEM wetland developed along the stream corridor. The project will directly impact 0.76 acre of AMD impacted wetland. Impacts to streams and wetlands will be mitigated by water quality improvements to 2 miles of Boake Run, 5 miles of Sterling Run and a 12-acre wetland immediately downstream of the project.

---

SPECIAL NOTICES

---

Planning Grant Awards under section 901 of the Municipal Waste Planning Recycling and Waste Reduction Act of 1988, Act 101

   The Department of Environmental Protection announces the following grants to counties under the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act 101, P. L. 556, sections 901 and 208 of the Waste Tire Recycling Act/Small Business and Household Pollution Prevention Act (Act 190).

   Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by Act 101, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, environmental mediation, education programs on pollution prevention and household hazardous waste and providing technical assistance to small businesses for pollution prevention. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101 and the availability of moneys in the Recycling Fund.

   Inquiries regarding the grant offerings should be directed to Sally Lohman, Chief, Waste Planning Section, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472.

Act 101, Section 901 Planning Grants

Region	County and Applicant	Project Description	Grant Award
Southeast	Philadelphia County	Household Hazardous Waste Program	$136,000
Northeast	Luzerne County	Plan Revision	$41,132
Southcentral	Bedford, Fulton and Huntingdon Counties	Plan Revisions	$175,713
Northwest	Crawford County	Electronics Recycling Feasibility Study	$44,460

Certification to Perform Radon-Related Activities in this Commonwealth

   In September 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
Scott Alderfer	6336 Meadowview Road Germansville, PA 18053	Mitigation
Dr. Joseph Baicker	403 Skillman Road Skillman, NJ 08558	Laboratory
George Basista	1336 Seaborn Street, Suite 6 Mineral Ridge, OH 44440	Testing
Terrance Best Best Building Inspection Service, Inc.	10 South Main Street Pittston, PA 18640	Testing
Bill Brodhead WPB Enterprises, Inc.	2844 Slifer Valley Road Riegelsville, PA 18077	Mitigation and Laboratory
Bryan Cole	317 McWilliams Road Trafford, PA 15085	Testing
Ralph Dankmyer, Jr.	135 Cannon Hill Road Saxonburg, PA 16056	Mitigation
Kenneth DeFelice	95 Big Ridge Drive East Stroudsburg, PA 18301	Testing
Elmer Hayes Amerispec Home Inspection Services	1061 Easton Road Roslyn, PA 19001	Testing
HouseMaster--Main Line	1513 Woodland Road West Chester, PA 19382	Testing
Michael Israel	165 Red Haven Drive North Wales, PA 19454	Testing
David Kapturowski AccuStar Laboratories	11 Awl Street Medway, MA 02053	Laboratory
Raymond King	1812 Willow Street Pike Lancaster, PA 17602	Mitigation
Fred Klein	702 Manchester Drive Maple Glen, PA 19002	Testing
John LoMonaco	26 Mink Lane Greentown, PA 18426	Testing
Brian Luke	3 Judy Lane Harrisburg, PA 17112	Testing
Frank Monack, Jr.	310 Coldren Road Perryopolis, PA 15473	Testing
Thomas Murray	24 South Pearl Street P. O. Box 0221 North East, PA 16428	Testing
Wayne Murray	1021 Gypsy Hill Road Lancaster, PA 17602	Testing
Timothy A. Musser Timothy A. Musser Co., Inc.	213 North 14th Street Allentown, PA 18102	Mitigation
Thomas O'Hara	104 Spring Street Wilkes-Barre, PA 18702	Testing
Roger Olson	17 Sylvania Road Hershey, PA 17033	Testing
Patrick Orr	10 Clifford Road McDonald, PA 15057	Testing
Robert Payne	500 Carothers Avenue Carnegie, PA 15106	Testing
George Prosser Prosser Laboratories, Inc.	P. O. Box 118 Effort, PA 18330	Laboratory
Radon Technology & Environmental	826 North Lewis Road Limerick, PA 19468	Mitigation
Celia Rajkovich	171 Hall Road Aliquippa, PA 15001	Testing
Jerry Reed	456 Avoy Road Lake Ariel, PA 18436	Testing
Brian Reuss Radon Control Services, LLC	9125 Marshall Road, Suite B-12 Cranberry Township, PA 16066	Mitigation
Lance Schweizer	101 Locust Knoll Road Downingtown, PA 19335	Testing
Wayne Wood	854 Boulder Drive Mt. Bethel, PA 18343	Testing

NPDES Permit Hearing

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

   PAI203053001, Breezewood Proving Grounds Inc., 4626 Robinsonville Road, Clearville, PA 15535. Breezewood Proving Grounds Inc. has submitted an application for an individual NPDES permit for an outdoor ATV/motorcycle recreational park approximately 2.5 miles south of the Village of Mattie along SR 2011. The park will be situated near the East Branch of Sideling Hill Creek (EV).

   The Department of Environmental Protection (Department) has conducted administrative and initial technical reviews of the application. The project has been developed to a point in which a final technical review can be completed in conjunction with comments received from the public.

   The Department has scheduled a public hearing to receive testimony and comments on the proposed NPDES permit. The hearing will be held on Tuesday, November 18, 2003, at 7 p.m. at the Mann-Monroe Elementary School, All Purpose Room, 268 Rockhill Church Road, Clearville, Bedford County, PA 15535-5034.

   Persons intending to testify at the hearing should register by Friday, November 14, 2003, by calling Karen Sitler, (717) 705-4904. Persons wishing to submit testimony who cannot attend the hearing may do so in writing by Monday, December 1, 2003. Written comments should be sent to Joel Sipe, Project Manager, Water Management Program, Soils and Waterways Section, Department of Environmental Protection, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110-8200.

   All testimony should be to the point. Each individual will have up to 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 Bedford County Conservation District, 702 West Pitt Street, Fairlawn Court, Suite 4, Bedford, PA. An appointment to review the files may be scheduled by calling Jennifer Kovacs at (814) 623-6706, Ext. 4 between 9 a.m. and 4 p.m., Monday through Friday.

   All comments received will be considered in formulating the Department's final determination 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.

   Following the 30-day comment period and careful review of all comments received, the Water Management Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time the determination may be appealed to the Environmental Hearing Board.

Commonwealth of Pennsylvania, Department of Environmental Protection et al. v. Borough of Kennett Square

   The Commonwealth of Pennsylvania, Department of Environmental Protection (Department) filed a Complaint in Equity in Commonwealth Court against the Borough of Kennett Square (Borough). The Complaint alleges that the Borough has violated various provisions of The Clean Streams Law and its implementing regulations. The Delaware Nature Society and the Pennsylvania Public Interest Research Group (Intervenors) intervened in the action. The Department, the Intervenors and the Borough have agreed to a settlement of the Department's and the Intervenors' claims and the terms of that settlement have been incorporated into a proposed Consent Decree. The Department has requested that the Court lodge the proposed Consent Decree, but take no further action on it until an opportunity has been afforded to the public for comment on the terms of the proposed settlement.

   The Consent Decree contains the following terms and conditions:

   The Borough owns and operates a sewage treatment plant on West South Street in Kennett Township, Chester County, which discharges treated sewage to the West Branch Red Clay Creek, a water of this Commonwealth. On September 20, 1990, the Department issued NPDES Permit No. PA0024058 to the Borough which authorized the discharge of treated effluent to the West Branch Red Clay Creek and set effluent limits and monitoring requirements for the discharge. This NPDES permit was amended by the Department on September 28, 1992, on September 13, 1993, and was renewed on June 12, 1996. The NPDES permit expired on June 12, 2001.

   The Department and the Intervenors alleged that, at various times, the Borough's discharge failed to comply with the limits of the NPDES permit, that the Borough has discharged treated sewage without a permit since the expiration of the permit on June 12, 2001, that the Borough's discharge has caused pollution of the West Branch Red Clay Creek, that the Borough failed to control the acceptance of industrial waste into the treatment plant resulting in an organic overload of the treatment plant and that the Borough had failed to properly operate and maintain the plant.

   The Borough has implemented, and continues to implement, a number of measures to bring the performance of the treatment plant into compliance. The Consent Decree describes those measures taken by the Borough and sets forth additional remedial measures which the parties agree are necessary to ensure that the treatment plant achieves and maintains compliance. The Consent Decree also requires the Borough to reduce the influent loading to the treatment plant to an amount equal to or less than the plant's permitted organic design capacity and thereafter to maintain compliance with that capacity. The Department has developed a new draft NPDES permit which is being published for comment concurrently with the publication of this proposed Consent Decree.

   The Consent Decree requires that the Borough pay a civil penalty of $94,8370 for past violations on a schedule stipulated in the Consent Decree and that the Borough perform a Community Environmental Project valued at $64,000. Under the terms of the Consent Decree the Borough will reimburse Intervenors' counsel $20,000 in attorney fees and costs. The Consent Decree also obligates the Borough to pay certain stipulated penalties for violations of any term or condition of the Consent Decree or for violations of the NPDES Permit limits.

   Copies of the Consent Decree are in the hands of:

Martha E. Blasberg
Department of Environmental Protection
Office of Chief Counsel--Southeast Region
Lee Park, 555 E. North Lane, Suite 6015
Conshohocken, PA 19428-2233
(610) 832-6313
(Counsel for the Department)

and

Steven T. Miano
Wolf, Block, Schorr and Solis-Cohen LLP
1650 Arch Street, 22nd Floor
Philadelphia, PA 19103-2097
(215) 977-2228
(Counsel for the Borough of Kennett Square)

and

Lyman C. Welch
James R. May
Mid-Atlantic Environmental Law Center
c/o Widener University School of Law
4601 Concord Pike
P. O. Box 7474
Wilmington, DE 19803-0474
(302) 477-2072
(Counsel for Intervenors)

   Copies of the Consent Decree are also at the Department's Southeast Regional Office and may be reviewed by interested parties on request during normal business hours.

   The Department is seeking comments from the public concerning the proposed Consent Decree for a period of 30 days. Thereafter, the Department may request the Commonwealth Court to enter the Consent Decree as a final settlement between the Department, the Intervenors and the Borough. Comments should be in writing and directed to William Jolly, III, Southeast Regional Office, Water Management Program, Lee Park, 555 E. North Lane, Suite 6010, Conshohocken, PA 19428-2233.

BUREAU OF DEEP MINE SAFETY

APPROVAL OF REQUEST FOR VARIANCE

   The Department of Environmental Protection (Department), Bureau of Deep Mine Safety (Bureau), has approved Maple Creek Mining, Inc.'s request for a variance from the requirements of section 268(b) of the Pennsylvania Bituminous Coal Mine Act (act) at the High Quality Mine. This notification contains a summary of this request and the basis for the Department's approval. A complete copy of the variance request may be obtained from Allison Gaida, (724) 439-7469 or from the Bureau's website at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   Summary of the Request: Maple Creek Mining, Inc. requested a variance from section 268(b) of the act to exceed the 80 feet spacing on shelter holes at the High Quality Mine. The proposal accords protection to persons and property substantially equal to or greater than the requirements of section 268(b) of the act.

   The basis for the Bureau's approval is summarized as follows:

   1.  Pedestrians shall have the right-of-way and all vehicle operators must stop until pedestrians are able to reach a shelter hole or walk past the vehicle. All transportation equipment (Jeeps, portal buses, locomotive, and the like) will immediately sound an audible warning and bring the equipment to a complete stop when encountering personnel traveling by foot along the track haulage-way. The equipment operator will allow the personnel to enter the nearest shelter hole before proceeding.

   2.  Signs shall be posted at the entrance to all extended shelter hole areas stating ''Extended Shelter Hole Intervals.'' The distance between shelter holes will be stated on the sign.

   3.  A reflective marker of standard color and design, which will be visible from along the track haulage travel-way, shall identify shelter hole locations.

   4.  All switches will have alignment reflectors.

   5.  Flashing warning devices (lights) shall be placed not less than 100 feet from each approach to each work site when men are working in the affected area along the track haulage. The warning devices will be in clear view of approaching haulage equipment.

   6.  All trips traveling through the areas will be provided with a locomotive coupled to the front and back of the trip at all times. Locomotives used to transport supplies or equipment will be of sufficient capacity to stop their loads in a safe distance. Established load limits will be posted on each locomotive.

   7.  A locomotive in the direction of travel will pull supply cars and equipment. When it is necessary to push nonpropelled track haulage equipment, it shall be done only from the last available track switch. Visual warning (trip reflector or strobe light) will be used on the end that does not have a locomotive coupled.

   8.  In locations of extended shelter holes, walkie-talkies will be used on all track-operated equipment.

   9.  Broken rails will be identified and corrected. When observed, they will be reported to a certified mine official who will make arrangements to repair the rail. Signs indicating a broken rail will be hung 50 feet inby and outby the broken rail.

   10.  All employees, contractors, inspectors, visitors, and the like, will be adequately trained and instructed concerning shelter hole guidelines and safety procedures prior to entering the mine. This training will become a part of the annual retraining, task training and hazard training.

   This approval is limited to High Quality Mine's variance from the requirements in section 268(b) of the act. All other terms and requirements of section 268(b) of the act shall remain in effect. Continued authorization for operation under the approval is contingent upon compliance with the measures described in High Quality Mine's plan and the following conditions:

   1.  All employees, contractors, inspectors, visitors, and the like, shall be adequately trained and instructed concerning shelter hole guidelines and safety procedures prior to entering High Quality Mine. This training shall become a part of the annual retraining, task training and hazard training.

   2.  Prior to each longwall move, the safety precautions for use of shelter holes will be reviewed with all personnel in short safety/training meetings. A record of these safety contacts will be maintained.

   3.  The District Mine Inspector shall approval any system employed to control pedestrian or track haulage equipment movement.

   4.  Maple Creek Mining, Inc.'s submittal meets or exceeds Bureau guidelines and criteria established for extended shelter hole approval. The investigating committee recommends approval based on that finding.

Public Meeting and Request for Comment for the Proposed Total Maximum Daily Loads (TMDLs) for the Neshaminy Creek Watershed in Bucks and Montgomery Counties

   The Department of Environmental Protection (Department) will hold a public meeting to discuss proposed TMDLs for the Neshaminy Creek Watershed in Bucks and Montgomery Counties. The meeting will be held on November 3, 2003, at 6:30 p.m. in the Library, Jamison Elementary School, 2090 Land Road, Jamison, Bucks County. Persons who wish to attend should contact Department Community Relations Coordinator Lynda Rebarchak, (610) 832-6219.

   These TMDLs were established to satisfy requirements of section 303(d) of the Federal Clean Water Act. The Commonwealth's 303(d) List of Impaired Waters includes several stream segments in this watershed caused by excessive nutrients and organic enrichment from point and nonpoint sources.

   There are currently no State or Federal instream numerical water quality criteria for nutrients and suspended solids. Therefore, the Department has interpreted its general, narrative criteria to develop the TMDLs. These TMDLs set allowable loadings of sediment and phosphorous in the Neshaminy Creek Watershed. The sediment and phosphorus loadings were allocated among the sources in the watershed. Data used in establishing these TMDLs was generated using a watershed loading model (AVGWLF) and an in-stream water quality model developed by the Pennsylvania State University.

   The TMDLs can be accessed through the Department website http://www.dep.state.pa.us, DEP Keyword: TMDL. Select Neshaminy Creek TMDL by name.

   Persons with a disability who wish to attend a public meeting and require an auxiliary aid, service or other accommodation to participate may contact Lynda Rebarchak at the previous telephone number or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how their needs may be accommodated.

   To request a copy of the proposed TMDL and an information sheet, contact the Division of Water Quality Assessment and Standards, Department of Environmental Protection, P. O. Box 8457, Harrisburg, PA 17120-8457, (717) 783-2938, rnaugle@state.pa.us.

   Written comments will be accepted at the previous address and must be received by November 17, 2003. A subject heading and return name and address must be included in each e-mail transmission. Comments will not be accepted by facsimile or voice mail. The Department will consider all comments in developing the final TMDL, which will be submitted to the EPA for approval.

[Pa.B. Doc. No. 03-2028. Filed for public inspection October 17, 2003, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---