[34 Pa.B. 69]
[Continued from previous Web Page]
WATER ALLOCATIONS
Applications received under the act of June 24, 1939 (P. L. 842, No. 365) (35 P. S. §§ 631--641) regarding the acquisition of rights to divert waters of this Commonwealth
Northwest Region: Water Supply Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
WA 33-1002, Water Allocations, Falls Creek Borough, 117 Taylor Avenue, P. O. Box 418, Falls Creek, PA 15840, Falls Creek Borough, Jefferson County. Application for the withdrawal of 122,000 gpd from Falls Creek Reservoir and Kyle Lake.
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 1
Acknowledgment of Notices of Intent to Remediate Submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Sections 302--305 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use the Background Standard, Statewide Health Standard, the Site-Specific Standard or who intend to remediate a site as a special industrial area must file a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed remediation measures for the site and a description of the intended future use of the site. A person who demonstrates attainment of one, a combination of the cleanup standards or who receives approval of a special industrial area remediation identified under the act will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department. Furthermore, the person shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.
Under sections 304(n)(1)(ii) and 305(c)(2) of the act, there is a 30-day public and municipal comment period for sites proposed for remediation using a Site-Specific Standard, in whole or in part, and for sites remediated as a special industrial area. This period begins when a summary of the Notice of Intent to Remediate is published in a newspaper of general circulation in the area of the site. For the sites identified, proposed for remediation to a Site-Specific Standard or as a special industrial area, the municipality, within which the site is located, may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30 days of the date specified. During this comment period, the municipality may request that the person identified, as the remediator of the site, develop and implement a public involvement plan. Requests to be involved and comments should be directed to the remediator of the site.
For further information concerning the content of a Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional office after which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department has received the following Notices of Intent to Remediate:
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Sunoco Inc., Walters Farm, West Cocalico Township, Lancaster County. Aquaterra Technologies, Inc., P. O. Box 744, West Chester, PA 19381, on behalf of Sunoco, Inc., P. O. Box 1135, Marcus Hook, PA 19061, submitted a Notice of Intent to Remediate site soils and groundwater contaminated with unleaded gasoline. The applicant proposes to remediate the site to meet the Statewide Health Standard. A summary of the Notice of Intent to Remediate was reported to have been published in the Ephrata Review on November 19, 2003.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Application received under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and regulations to operate solid waste processing or disposal area or site.
Southcentral Region: Regional Solid Waste Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Permit Application No. 101471. Clifford Hill Sanitation Company, 780 Noble Street, Kutztown, PA 19530, Maxatawny Township, Berks County. The application is for the permit renewal of the municipal waste transfer facility. The application was determined to be administratively complete by the Southcentral Regional Office on December 18, 2003.
Comments concerning the application should be directed to John Krueger, Program Manager, Waste Management Program, 909 Elmerton Avenue, Harrisburg, PA 17110. Persons interested in obtaining more information about the general permit application may contact the Waste Management Program, (717) 705-4706. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to and approval or denial of the application.
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS
NEW SOURCES AND MODIFICATIONS The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State Operating Permit and Title V Operating Permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.
The Department has received applications for plan approvals and/or operating permits from the following facilities.
Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.
Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121--143, the Federal Clean Air Act (act) and regulations adopted under the act.
PLAN APPROVALS
Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.
06-05002B: Lehigh Cement Co. (P. O. Box 619, Blandon, PA 19510) for modification of their Portland cement manufacturing facility from a long dry kiln to a single stage preheater and long kiln controlled by various devices in Maidencreek Township, Berks County. The modification will involve the increase in the maximum annual production of the facility, but limits will be included to limit the emissions to less than the PSD thresholds. The facility is a major source subject to Title V and 40 CFR Part 63, Subpart LLL, National Emission Standards for Hazardous Air Pollutants for Portland Cement Manufacturing.
67-05092D: Starbucks Coffee Co. (3000 Espresso Way, York, PA 17402) for construction of a batch coffee roaster and associated cooling tray controlled by a catalytic oxidizer and cyclone, respectively, at their York Roasting Plant in East Manchester Township, York County.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; William Charlton, New Source Review Chief, (412) 442-4174.
63-00014F: Orion Power Midwest, LP (2000 Cliff Mine Road, Suite 200, Pittsburgh, PA 15275) for installation of noncatalytic reduction (SNCR) system at their Elrama Station in Union Township, Washington County.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104; Thomas Barsley, Chief, (215) 685-9428.
AMS 03091: Naval Surface Warfare Center--Caderock Division--Ship Systems Engineering Station (5001 South Broad Street, Philadelphia, PA 19112) for installation of a marine gas turbine test cell in Building 824, Philadelphia Naval Business Center, 4850 South 15th Street, Philadelphia, PA to replace existing TF-40B gas turbine in the City of Philadelphia, Philadelphia County. This is a Title V facility. The test cell will operate with a fuel cap of 166,434 gallons of distillate fuel oil. Allowable emissions from the project will be 8.35 tons per year of NOx, 4.41 tons per year of CO and 2.26 tons per year of SO2. NOx emissions increases from this project were offset as part of the P-104 plan approval. The plan approval will contain operating and recordkeeping requirements to ensure operation within all applicable requirements.
AMS 03163: Sunoco, Inc.--R and M (3144 Passyunk Avenue, Philadelphia, PA 19145) for reactivation of idle portions of the 869 Alkylation Plant to convert light olefin feed to gasoline that has relatively low vapor pressure and high-octane value in the City of Philadelphia, Philadelphia County. This is a Title V facility. This plan approval authorizes 0.95 ton increase in NOx emission due to some minor modifications to the plant. The plan approval will contain operating and recordkeeping requirements to ensure operation within all applicable requirements.
Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Mark J. Wejkszner, New Source Review Chief, (570) 826-2531.
40-320-022: Offset Paperback Manufacturers, Inc. (P. O. Box N, 101 Memorial Highway, Dallas, PA 18612) for construction of a lithographic, sheet-fed printing press at their facility in Dallas Borough, Luzerne County. The facility is a Title V facility. The construction of the printing press results in a potential VOC emission increase of 6.21 tons per year. The construction will not increase the facility-wide emission limit for VOCs. The plan approval will include all appropriate monitoring, recordkeeping and reporting requirements designed to keep the source operating within all applicable air quality requirements and will be incorporated into the Title V Operating Permit through an Administrative Amendment in accordance with 25 Pa. Code § 127.450.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.
05-05023B: New Enterprise Stone and Lime Co., Inc. (P. O. Box 77, New Enterprise, PA 16664) for modification of the operation of their existing no. 2 oil/recycled oil fired batch mix asphalt plant in Snake Spring Township, Bedford County. This approval will increase the sulfur content of the waste oil to 0.70% by weight. The facility will limit asphalt production to less than 500,000 tpy and limit the potential CO emissions to less than 100 tpy. All other emissions will be below significant levels. The approval will contain production limits, monitoring, work practice, recordkeeping and reporting requirements designed to keep the source operating within all applicable air quality requirements. This source is subject to 40 CFR Part 60, Subpart I--Standards of Performance for Hot Mix Asphalt Facilities.
06-03102A: City of Reading (815 Washington Street, Reading, PA 19601) for modification of their wastewater treatment plant controlled by three wetted packed bed scrubbers and an enclosed ground flare at their facility in the City of Reading, Berks County. The approval will include limits, monitoring, recordkeeping, work practices and report requirements designed to keep the source operating within all applicable air quality requirements.
36-03135B: Shared Mail Acquisitions, LLC (72 Industrial Circle, Lancaster, PA 17540) for construction of a new heatset press at their KAR Printing--East Division facility in Upper Leacock Township, Lancaster County. This printing facility is a non-Title V (State-only) facility. This new press will result in an additional emission of 1.46 tpy of VOCs. The existing thermal oxidizer will control the VOC emissions. Conditions for monitoring, recordkeeping and operating are included to keep the facility operating within the applicable requirements.
OPERATING PERMITS
Intent to Issue Title V Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Eric Gustafson, Facilities Permitting Chief, (814) 332-6940.
10-00023: Mercer Lime and Stone Co.--Branchton Plant (560 Branchton Road, Slippery Rock, PA 16057) for a Title V Operating Permit reissuance to operate a lime manufacturing facility in Slippery Rock Township, Butler County.
Intent to Issue Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Edward Brown, Facilities Permitting Chief, (610) 832-6242.
46-00165: Murlin Chemical, Inc. (Balligomingo Road, West Conshohocken, PA 19428) for operation of a Calciner and dryer at their chemical plant in West Conshohocken Borough, Montgomery County. The permit is for a non-Title V (State-only) facility. The facility is a Natural Minor. The permit will include monitoring, recordkeeping and reporting requirements designed to keep the hospital operating within all applicable air quality requirements.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.
67-03083: Utz Quality Foods, Inc. (900 High Street, Hanover, PA 17331) for operation of their snack food manufacturing facility in Hanover Borough, York County. The facility has the following annual potential emissions: 41 tons NOx, 9 tons CO, 3 tons PM10 and 2 tons VOC. The State-only operating permit will include emission restrictions, work practice standards and testing, monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.
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); and The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). Mining activity permits issued in response to the 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 before an 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 certification.
Written comments, objections or requests for informal conferences on applications 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 same address 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.
Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. NPDES permits will contain, at a minimum, technology-based effluent limitations as identified in this notice for the respective coal and noncoal applications. In addition to the previous, more restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit, when necessary, for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies who have requested review of the NPDES permit requirements for a particular mining activity within the previously mentioned public comment period will be provided with a 30 day period to review and submit comments on those requirements.
Written comments or objections should contain the name, address and telephone number of the person 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 must contain the name, address and telephone number of requestor; application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor wishes to have the conference conducted in the locality of the proposed mining activities.
Coal Applications Received
Effluent Limits--The following coal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 Alkalinity greater than acidity* * The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: (1) 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 (2) drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
22030201. Meadowbrook Coal Co., Inc. (Box 477, Lykens, PA 17048), commencement, operation and restoration of a coal refuse reprocessing operation in Wiconisco Township, Dauphin County, affecting 84.0 acres. Receiving stream: Wiconisco Creek. Application received December 10, 2003.
California District Mining Office: 25 Technology Drive, California Technology Park, Coal Center, PA 15423, (724) 769-1100.
30861601. NPDES Permit No. PA0214256, Cobra Mining, LLC (P. O. Box 40, 178 Chess Mine Road, Dilliner, PA 15327), to renew the permit and related NPDES permit and transfer the permit for the Dunkard Preparation Plant in Monongahela Township, Greene County, from Dunkard Mining Company. No additional discharges. Application received September 8, 2003.
56911602. NPDES Permit No. PA021440, Berwind Coal Sales Company (509 15th Street, Windber, PA 15963), to renew the permit for the Huskin Run Tipple in Shade Township, Somerset County and related NPDES Permit. No additional discharges. Application received November 10, 2003.
32031301. NPDES Permit NA, Britt Energies, Inc. (2450 Philadelphia Street, Indiana, PA 15701), to operate the Lowry Deep Mine in White Township, Indiana County and for discharge of treated mine drainage. Surface Acres Proposed 16.9, Underground Acres Proposed 615.6, SCP Acres Proposed 299.0. Receiving Streams: Yellow Creek (CWF) and Two Lick Creek (CWF). The first downstream potable water supply intake from the point of discharge is Central Indiana County Water Authority and Yellow Creek. Application received November 14, 2003.
63831302. NPDES Permit No. PA0213608, Eighty Four Mining Company (172 Route 519, P. O. Box 355, Eighty Four, PA 15330), for a Pennsylvania Water Obstruction and Encroachment Permit for Mine 84 in Somerset Township, Washington County, to conduct restoration activities within 100 feet of an unnamed tributary to Chartiers Creek. No additional discharges. Application received December 2, 2003.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
24980101 and NPDES Permit No. PA0227706. Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824). Renewal of an existing bituminous surface strip and auger operation in Fox Township, Elk County, affecting 457 acres. Receiving streams: McCauley Run, unnamed tributary to McCauley Run, Hayes Run, unnamed tributary to Little Toby Creek and Little Toby Creek (CWF). There are no potable surface water supply intakes within 10 miles downstream. Application for reclamation only. Application received December 12, 2003.
10890114 and NPDES Permit No. PA0207608. Rosebud Mining Company (301 Market Street, Kittanning, PA 16201). Renewal of an existing bituminous surface strip operation in Bruin Borough and Parker Township, Butler County, affecting 100.6 acres. Receiving streams: unnamed tributary to South Branch Bear Creek (WWF). There are no potable surface water supply intakes within 10 miles downstream. Application for reclamation only. Application received December 12, 2003.
43850105 and NPDES Permit No. PA0108758. Grove City Materials, L. P. (R. D. 6, Box 344, New Castle, PA 16101). Transfer of an existing bituminous strip operation from C & K Coal Company in Pine and Mercer Townships, Mercer and Butler Counties, affecting 96.0 acres. Receiving streams: two unnamed tributaries to Swamp Run (CWF). There are no potable surface water supply intakes within 10 miles downstream. Application received December 11, 2003.
24880103 and NPDES Permit No. PA0104779. Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824). Renewal of an existing bituminous surface strip operation in Horton Township, Elk County, affecting 541 acres. Receiving streams: unnamed tributary to Mead Run, unnamed tributaries to West Branch Walburn Run, unnamed tributary to Vineyard Run, unnamed tributaries to Laurel Run (CWF). There are no potable surface water supply intakes within 10 miles downstream. Application for reclamation only. Application received December 12, 2003.
33820149 and NPDES Permit No. PA0605557. Rosio Coal Co. (243 East Logan Avenue, DuBois, PA 15801). Renewal of an existing bituminous surface strip operation in Washington Township, Jefferson County, affecting 54.0 acres. Receiving streams: one unnamed tributary of Mill Creek (CWF). There are no potable surface water supply intakes within 10 miles downstream. Application received December 17, 2003.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
32980114 and NPDES Permit No. PA0234923. Simpson Coal Company (R. D. 1, Box 244, New Alexandria, PA 15670), permit renewal for continued operation of a bituminous surface and auger mine in Young Township, Indiana County, affecting 67.5 acres. Receiving streams: Blacklegs Creek and an unnamed tributary to Blacklegs Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received December 3, 2003.
32980201. Ridge Energy Company (265 Swamp Road, Clymer, PA 15728), permit renewal for reclamation only and for continued restoration of a bituminous coal refuse reprocessing surface mine in Pine Township, Indiana County, affecting 16.0 acres. Receiving streams: Yellow Creek (CWF). The first downstream potable water supply intake from the point of discharge is Indiana County Water Authority Yellow Creek intake. Application received December 4, 2003.
32970104 and NPDES Permit No. PA0234401. Mears Enterprises, Inc. (P. O. Box 157, Clymer, PA 15728), permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine in Grant Township, Indiana County, affecting 87.2 acres. Receiving streams: unnamed tributaries of Little Mahoning Creek to Little Mahoning Creek (HQ-CWF). There are no potable water supply intakes within 10 miles downstream. Application received December 10, 2003.
32930105 and NPDES Permit No. PA0212652. P & N Coal Company, Inc. (P. O. Box 332, Punxsutawney, PA 15767), permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine commencement, operation and restoration of a bituminous surface mine in Banks Township, Indiana County, affecting 86.7 acres. Receiving streams: unnamed tributaries to Cush Creek and unnamed tributary to South Branch Bear Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received December 1, 2003.
11930104 and NPDES Permit No. PA0212601. E. P. Bender Coal Company, Inc. (P. O. Box 594, Carrolltown, PA 15722), permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine commencement, operation and restoration of a bituminous surface mine in White Township, Cambria County, affecting 58.0 acres. Receiving streams: Dutch Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received December 10, 2003.
Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.
26020104 and NPDES Permit No. PA0250201. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Revision for land use change to an existing bituminous surface mine, in Springfield Township, Fayette County, affecting 43.4 acres. Receiving streams: unnamed tributaries to Poplar Run (CWF). The first potable water supply intake within 10 miles downstream from the point of discharge is Indian Creek Valley Water Authority. Revision application received December 11, 2003.
03890116 and NPDES Permit No. PA0200603. Rosebud Mining Company (301 Market Street, Kittanning, PA 16201). Renewal application for reclamation only of an existing bituminous surface mine, in Perry Township, Armstrong County, affecting 174.5 acres. Receiving streams: unnamed tributaries to the Allegheny River (CWF). The first potable water supply intake within 10 miles downstream from the point of discharge is Pennsylvania American Water Company. Renewal application received December 15, 2003.
Coal Applications Returned
Moshannon District Mining Office: 186 Enterprise Drive, Phillipsburg, PA 16866 (814) 342-8200.
17020104 and NPDES Permit No. PA0243230. TDK Coal Sales, Inc., P. O. Box 259, Brockway, PA 15824. Commencement, operation and restoration of a bituminous surface mine-auger permit in Brady Township, Clearfield County affecting 86.7 acres. Receiving streams: Stump Creek (CWF). Application received May 9, 2002. Permit application returned: November 6, 2003.
Noncoal Applications Received
Effluent Limits--The following noncoal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times.
A settleable solids instantaneous maximum of 0.5 ml/l applied to surface runoff resulting from a precipitation 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: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
10930310. Atlantic States Materials of PA, Inc. (P. O. Box 269, Mercer, PA 16137). Renewal of NPDES Permit No. PA0211826, Worth Township, Butler County. Receiving streams: Slippery Rock Creek and unnamed tributaries to Slippery Rock Creek (CWF). There are no potable surface water supply intakes within 10 miles downstream. NPDES Renewal application received December 15, 2003.
37840409. Cemex, Inc. (1200 Smith Street, Suite 2400, Houston, TX 77002). Renewal of NPDES Permit No. PA0108596, Shenango Township, Lawrence County. Receiving streams: McKee Run, Beaver River, Big Run and Shenango River; and unnamed tributaries to McKee Run, Beaver River and Big Run (WWF). There are no potable surface water supply intakes within 10 miles downstream. NPDES Renewal application received December 15, 2003.
3175SM11. 37840409. Cemex, Inc. (1200 Smith Street, Suite 2400, Houston, TX 77002). Renewal of NPDES Permit No. PA0121631, Shenango Township, Lawrence County. Receiving streams: McKee Run and Beaver River (WWF). There are no potable surface water supply intakes within 10 miles downstream. NPDES Renewal application received December 15, 2003.
ABANDONED MINE RECLAMATION Under Act 181 of 1984, the Department solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of the following abandoned strip mine project:
Project No. DMF 010-101.1, Porter Township, Schuylkill County, 2.6 acres.
Letters of interest must be received by Roderick A. Fletcher, P. E., Director, Bureau of Abandoned Mine Reclamation, Department of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA 17105-8476 by 4 p.m. on February 2, 2004, to be considered. Telephone inquiries should be directed to Dan Henry, Division of Mine Hazards, (717) 783-7752.
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 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 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 may 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 Flood Plain Management Act (32 P. S. § 679.302) and requests for certification under section 401 of the FWPCA (33 U.S.C.A. § 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E46-951. Congregation Beth OR, 700 Penllyn Blue Bell Pike, Spring House, PA 19477, Upper Dublin Township, Montgomery County, ACOE Philadelphia District.
To perform the following water obstruction and encroachments activities associated with the Congregation Beth OR Synagogue Facility in and along an unnamed tributary to the Park Creek (WWF-MF) and adjacent wetlands.
1. To extend and maintain an existing 24-inch RCP outfall structure by placing 26 linear feet of 24-inch RCP pipe to manhole 4; 28 linear feet of 30-inch RCP to endwall 4 and associated R-5 riprap which will impact 85 linear feet of stream channel. This work is associated with the widening of Butler Pike.
2. To relocate 580 linear feet of unnamed tributary of Park Creek stream channel starting at endwall 4 (noted previously) and terminating at the proposed modified reservoir.
3. To construct and maintain 119 linear feet of stream enclosure along the relocated channel reach as noted in item 2. The enclosure consists of 19 linear feet of 30-inch RCP, 27 linear feet of 36-inch RCP, 66 linear feet of 48-inch RCP associated fill, manholes, endwalls, riprap protection and stormwater outfall structures. Associated with this activity, there is an 8-inch water line proposed to accommodate a new access road from Butler Pike.
4. To install and maintain a 1 1/2" sanitary sewer force main across a portion of the relocated channel noted in item 2.
5. To fill the abandoned stream channel and 0.11 acre of adjacent wetlands.
6. To modify a reservoir impounded by a nonjurisdictional dam to facilitate the widening of the Welsh Road and Butler Pike intersection. Reservoir modification will include shifting the reservoir to the east, dredging to remove accumulated sediment and the construction of a forbay and footbridge. Work also includes regrading of the shoreline slopes of the reservoir to establish a wetland replacement area.
The application includes a request for an Environmental Assessment approval for impacts associated with the removal and reconstruction of an on-stream nonjurisdictional dam and appurtenant outlet works which will extend under Welsh Road. The site is approximately 400 feet northwest of the intersection of Butler Pike and Welsh Road (Ambler, PA USGS Quadrangle N: 10.70 inches; W: 9.10 inches).
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E64-246. Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 in Lake Township, Wayne County, U. S. Army Corps of Engineers, Philadelphia District.
To construct and maintain an 18-foot long, 9-foot 7-inch by 4-foot 1-inch aluminum box culvert across a tributary to Silkman's Swamp Run (HQ-CWF) for the purpose of conducting timber harvesting operations. The project is in State Game Lands No. 310, approximately 2,400 feet southwest of the intersection of SR 3032 and T-372 (Lake Ariel, PA Quadrangle N: 11.55 inches; W: 5.95 inches).
E66-133. Joseph C. Peters, House No. 801, Lake Winola, PA 18625 in Overfield Township, Wyoming County, U. S. Army Corps of Engineers, Baltimore District.
To modify and maintain an existing pile-supported, private recreational dock in Lake Winola. The proposed work consists of increasing the length of the dock from 30 feet to 60 feet and enlarging the surface area by 222 S.F. to a total surface area of approximately 526 S.F. The project is on the southern side of Lake Winola, approximately 0.4 mile east of the intersection of SR 0307 and SR 2004 (Factoryville, PA Quadrangle N: 1.6 inches; W: 13.9 inches).
E40-628. Shickshinny Borough, 35 West Union Street, Shickshinny, PA 18655 in Shickshinny Borough, Luzerne County, U. S. Army Corps of Engineers, Baltimore District.
To modify and maintain an existing stream enclosure of a tributary to the Susquehanna River (CWF) with work consisting of replacing a failing section with approximately 400 linear feet of 48-inch SLPP culvert. The stream enclosure will be relocated to follow existing roadways rather than run through private properties. The project is at the intersection of Main Street (SR 0011) and Butler Street (SR 4004) (Shickshinny, PA Quadrangle N: 4.7 inches; W: 3.7 inches).
E64-245. Roche Supply Inc., P. O. Box 30, Honesdale, PA 18431 in Texas Township, Wayne County, U. S. Army Corps of Engineers, Philadelphia District.
To place fill in 0.3 acre of wetlands for the purpose of expanding the outdoor storage area of an existing business. A portion of the proposed fill (approximately 150 LF, to a depth of 0.5 foot) will be within the floodway along the right bank of a tributary to the Lackawaxen River (HQ-CWF). The applicant proposes to participate in the Pennsylvania Wetland Replacement Project instead of replacing wetlands onsite. The project is along the east side of SR 0191, approximately 0.1 mile south of T-484 (Shady Lane) (Honesdale, PA Quadrangle N: 8.5 inches; W: 0.0 inch).
E39-427. Tiger Den Partners, LLC, 171 Route 173, Suite 201, Asbury, NJ 08802 in City of Bethlehem, Lehigh County, U. S. Army Corps of Engineers, Philadelphia District.
To construct and maintain an outfall structure in the floodway of a tributary to Monacacy Creek (HQ-CWF), consisting of a 36-inch diameter concrete pipe, concrete endwall and a 75-foot long outfall channel lined with concrete pavers. The project is immediately northwest of the intersection of SR 0378 and SR 8024 (Catasauqua, PA Quadrangle N: 0.8 inch; W: 3.3 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E28-314: Texas Eastern Transmission LP, 5400 Westheimer Court, Houston, TX 77056 in Ayr Township, Fulton County and Peters Township, Franklin County, ACOE Baltimore District.
To construct and maintain a 36-inch natural gas transmission line under Buck Run and two unnamed tributaries to Buck Run (HQ-CWF-MF), an unnamed tributary to West Branch of the Conococheague Creek (TSF-MF), several ephemeral drains and six wetlands. The project begins in Fulton County and ends in Peters Township, Franklin County (McConnellsburg, PA Quadrangle N: 7.0 inches; W: 11.5 inches).
E50-219: Toboyne Township Board of Supervisors, R. D. 1, Box 168, Blain, PA 17006 in Toboyne Township, Perry County, ACOE Baltimore District.
To repair and maintain the existing Toboyne Township Bridge No. TBT-3 across an unnamed tributary to Sherman Creek (HQ-CWF), locally known as Shaeffer Run, by underpinning the abutments and placing reinforcing concrete aprons along the existing abutments, on Back Hollow Road (T-300) (Blain, PA Quadrangle N: 3.48 inches; W: 6.90 inches) in Toboyne Township, Perry County.
E67-755: Allan M. Craig, IV, 990 Brockie Lane, York, PA 17403 in York Township, York County, ACOE Baltimore District.
To construct and maintain a 64-inch by 43-inch corrugated metal arch culvert in Inners Creek (CWF) at a point approximately 100 feet off of Honey Valley Road (York, PA Quadrangle N: 1.8 inches; W: 6.8 inches) in York Township, York County.
E36-771: East Earl Township, 4610 Division Highway, East Earl, PA 17519 in East Earl Township, Lancaster County, ACOE Baltimore District.
To remove twin 80-inch by 50-inch concrete arch culverts and to construct and maintain a reinforced concrete box culvert having a 15-foot span and 5-foot rise within the channel of a UNT to the Conestoga River at a point approximately 1,000 feet east of the intersection of SR 0625 and Turkey Farm Road (Terre Hill, PA Quadrangle N: 2.4 inches; W: 3.5 inches) in East Earl Township, Lancaster County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E19-239. North Centre Township, 277B Nursery Road, Berwick, PA 18603. Bridge Replacement in North Centre Township, Columbia County, ACOE Baltimore District (Mifflinville, PA Quadrangle N: 11.4 inches; W: 9.4 inches).
To: (1) remove the existing single span multisteel I-beam bridge and concrete abutments. The bridge has a normal span of 18.92 feet, a curb-to-curb width of 13.00 feet, a minimum under clearance of 4.25 feet with a hydraulic opening of 86.69 square feet and is on a 90 degrees skew; (2) construct and maintain a single span precast concrete arch culvert with precast concrete wingwalls. The bridge is on an 86 degrees skew and will have a normal span of 24 feet, a minimum curb-to-curb width of 24 feet, an under clearance of 6.25 feet and a hydraulic opening of 122.8 square feet; (3) construct a temporary stream crossing consisting of three 48-inch diameter by 32 feet long thermoplastic pipes with R-3 rock as fill material and a 6-inch 2RC wearing surface; and (4) construct a temporary dike and 36-inch diameter by 80 feet long thermoplastic pipe to convey stream water through the project area.
The project is in the West Branch of Briar Creek (CWF) at the intersection of SR 93 with T-730. Approximately 0.48 acre of earth will be disturbed by the project. Approximately 312 square feet of emergent wetlands will be permanently impacted and 447 square feet of wetlands will be temporarily impacted by the temporary dike. The project will impact about 75 feet of waterway.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-383, Seneca Valley School District, 124 Seneca School Road, Harmony, PA 16037. New lacrosse/soccer field in Jackson Township, Butler County, ACOE Pittsburgh District (Evans City, PA Quadrangle N: 9.94 inches; W: 14.88 inches).
To place and maintain approximately 7,500 CY of fill material having dimensions 400 feet long, 220 feet wide and averaging 2.3 feet deep and to fill 0.15 acre of PEM and PSS wetlands all within the floodplain of the Little Connoquenessing Creek (CWF) at a point 3,000 feet east of the intersection Interstate 79 and Seneca School Road on Seneca Valley School District property. The permitee is required to provide 0.20 acre of replacement wetlands.
E10-385, Mercer Township, P. O. Box 380, Harrisville, PA 16038. Shields Road (T-840) Bridge Replacement Project in Mercer Township, Butler County, ACOE Pittsburgh District (Slippery Rock, PA Quadrangle N: 4.5 inches; W: 5.5 inches).
To remove the existing single lane reinforced concrete bridge having a clear span of 17.67 feet and an instream length of 18 feet and to construct and maintain a two-lane galvanized steel arch culvert having a clear span of 18.08 feet, a rise of 4.75 feet and an instream length of 42 feet at a point along Shields Road 1.75 miles west of the intersection of SR 0008 and within an unnamed tributary to Wolf Creek (CWF).
E10-391, Butler County, P. O. Box 1208, Butler, PA 16003-1208. Hays Bridge Replacement Project, Butler County Bridge No. 84 in Connoquenessing Township, Butler County, ACOE Pittsburgh District (Evans City, PA Quadrangle N: 18.6 inches; W: 3.3 inches).
To remove the existing steel girder bridge with concrete deck and cut stone abutments having a clear span of 31 feet, a maximum underclearance of 9.5 feet and an instream length of 14 feet; and to construct and maintain a steel girder bridge with concrete deck and abutments having a clear span of 39.5 feet, a maximum underclearance of 8.65 feet and an instream length of 24 feet at a point across Semiconon Run (CWF) along Boy Scout Road approximately 1/2 mile west of the intersection of boy Scout and Dick Roads.
E25-617A, Erie Yacht Club, P. O. Box 648, Erie, PA 16512-0648. Wall repair in the City of Erie, Erie County, ACOE Pittsburgh District (Swanville, PA Quadrangle N: 22.3 inches; W: 0.8 inch).
To amend Permit E25-617 which authorizes the Erie Yacht Club to make the following improvements to the existing Erie Yacht Club Marina in Presque Isle Bay, Lake Erie at the foot of Ravine Drive, approximately 1 mile east of the base of the Presque Isle Peninsula:
1. To dredge six areas of the existing marina basin removing a total of approximately 25,000 cubic yards of sediment and shale to establish and maintain bed elevations ranging from 560.0 feet USGS to 564.0 feet USGS.
2. To install and maintain a 370-foot long by 6-foot wide pile anchored floating dock along and parallel to the western side of the western marina jetty.
The proposed amendment is to remove the a portion of the existing wall in front of the Erie Yacht Club clubhouse and to construct and maintain an approximately 157-foot long steel sheet piling wall with sheet panels each having a height of 10 feet, a width of 6.83 feet and a thickness of 0.03 foot in Presque Isle Bay, Lake Erie at the foot of Ravine Drive, approximately 1 mile east of the base of the Presque Isle Peninsula. The project includes removal of sediment to an elevation approximately 10 feet below the top of the wall and installation of 18.5-foot long pipe piles embedded approximately 8.5 feet into the shale bottom.
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 wastes; discharges to 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 NOI for coverage under General NPDES Permits. The approval for coverage under these 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. The 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 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 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.
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