Pennsylvania Bulletin

PA Bulletin, Doc. No. 04-56c

[34 Pa.B. 239]

[Continued from previous Web Page]

LAND RECYCLING AND ENVIRONMENTAL REMEDIATION

UNDER ACT 2, 1995

PREAMBLE 3

The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).

   Provisions of 25 Pa. Code § 250.8, administration of the Land Recycling and Environmental Remediation Standards Act (act), require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of its final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the act for compliance with selection of remediation to a site-specific standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.

   For further information concerning the plans and reports, contact the Environmental Cleanup Program manager in the Department regional office AFTER which the notice of the plan or report appears. If information concerning a final report 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 plans and reports:

   Northeast Region: Joseph A. Brogna, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   Helen O'Hora Estate, Silver Lake Township, Susquehanna County. Kevin Van Kuren, P. G., Hydrocon Services, Inc., 16 East Minor Street, Emmaus, PA 18049 submitted a Final Report (on behalf of James O'Hora, Case Drive, Vestal, NY 18350) concerning the remediation of soils found or suspected to have been contaminated with home heating oil constituents (no. 2 fuel oil). The report documented attainment of the Residential Statewide Health Standard and was approved on December 9, 2003.

   Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   Penn View Mobile Home Park, Exeter Township, Berks County. Hafer Environmental Services, Inc., P. O. Box 4418, Reading, PA 19606, on behalf of Mark Reedy, 1121 Broadway Avenue, Reading, PA 19606, submitted a Final Report concerning remediation of site soils contaminated with kerosene. The final report demonstrated attainment of the Statewide Health Standard and was approved by the Department on December 19, 2003.

   Defense Distribution Depot Susquehanna PA SWMU 27 Tank 950, Fairview Township, York County. Weston Solutions, Inc., 1400 Weston Way, Building 4-2, West Chester, PA 19380, on behalf of Defense Logistics Agency, Defense Distribution Depot Susquehanna PA, 2001 Mission Drive, Suite 1, New Cumberland, PA 17070-5002, submitted a Final Report concerning remediation of site groundwater contaminated with chlorinated solvents. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on December 23, 2003.

   Whelan Investment Company a/k/a Ettline Foods Corporation, Spring Garden Township, York County. Science Applications International Corporation, 6310 Allentown Boulevard, Harrisburg, PA 17112-3377, on behalf of Martin J. Whelan, 525 State Street, P. O. Box 563, York, PA 17405, submitted a Final Report concerning remediation of site soils and groundwater contaminated with BTEX and PAHs. The final report demonstrated attainment of the Statewide Health Standard and was approved by the Department on December 23, 2003.

   Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.

   Cognis, Castanea Township, Clinton County. Cognis Corporation, 300 Brookside Avenue, Ambler, PA 19002 has submitted a Final Report concerning soil contaminated with no. 2 fuel oil, organics, inorganics and PAHs. This Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on December 22, 2003.

   Munro Farm, Castanea Township, Clinton County. American Color & Chemical, LLC, Mount Vernon Street, Lock Haven, PA 17745, has submitted a Final Report concerning soil contaminated with VOCs, SVOCs, pesticides, PCBs and inorganics. This Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on December 22, 2003.

   James Mason Property, Eagles Mere Borough, Sullivan County. Alliance Environmental Services, Inc., on behalf of James Mason, P. O. Box 3402, Boulder, CO 80307, has submitted a Final Report concerning soil contaminated fuel oil no. 2. This Final Report demonstrated remediation of the site soil to meet the Statewide Health Standard and was approved by the Department on December 23, 2003. See additional information in the Applications and the Actions sections of this Pennsylvania Bulletin.

OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE

Permit revoked 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 No. 602935. York Haven Sewer Authority, Two North Front Street, P. O. Box 394, York Haven, PA 17370-0394, Conewago Township, York County. The permit was revoked at the request of the permittee for Glenn Hoover Farm, Conewago Township, York County. The permit was revoked by the Southcentral Regional Office on December 22, 2003.

   Persons interested in reviewing the general permit should contact Cynthia Wolfe, File Review Coordinator, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4732. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984.

MUNICIPAL AND RESIDUAL WASTE TRANSPORTER AUTHORIZATION

Issued applications for Municipal and Residual Waste Transporter Interim Authorization received under the Waste Transportation Safety Act (27 Pa.C.S. §§ 6201--6209) and regulations to transport municipal or residual waste.

   Central Office: Bureau of Land Recycling and Waste Management, Division of Municipal and Residual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472.

   Ceasar Prodoscimo, 176 Broadway St., Apt. 3, Sommerville, MA 02145. Authorization No. WH5715. Effective December 22, 2003.

   Sasko Bozinov, 421 Edmund Ave., Paterson, NJ 07502. Authorization No. WH5716. Effective December 22, 2003.

   First Choice Landscaping, 179 Hockhockson Road, Colts Neck, NJ 07722. Authorization No. WH3103. Effective December 22, 2003.

Voluntarily terminated applications for Municipal and Residual Waste Transporter Interim Authorization received under the Waste Transportation Safety Act and regulations to transport municipal or residual waste.

   Central Office: Bureau of Land Recycling and Waste Management, Division of Municipal and Residual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472.

   Cisco & Taylor General Contractors, Inc., 18 East Ave., Mullica Hill, NJ 08062. Authorization No. WH2096. Voluntarily Terminated December 18, 2003.

   Miners Fuel Company, Inc., P. O. Box 86, Tremont, PA 17981. Authorization No. WH1570. Voluntarily Terminated June 25, 2003.

   Miners Oil Company, Inc., P. O. Box 86, Tremont, PA 17981. Authorization No. WH1572. Voluntarily Terminated June 25, 2003.

   Miners Environmental, Inc., P. O. Box 86, Tremont, PA 17981. Authorization No. WH1571. Voluntarily Terminated June 25, 2003.

AIR QUALITY

General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.

   GP3-9-07-03014: New Enterprise Stone and Lime Co., Inc. (P. O. Box 77, New Enterprise, PA 17201) on December 18, 2003, authorized to operate a portable nonmetallic mineral processing plant under GP3 in Taylor Township, Blair County.

Plan Approvals Issued under the Air Pollution Control Act and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.

   Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Devendra Verma, New Source Review Chief, (814) 332-6940.

   61-205A: IA Construction Corp.--Nectarine Aggregate Plant (SR 3003, Harrisville, PA 16038) on December 10, 2003, to modify an existing portable nonmetallic crushing/screening plant at their Ben Hal Nectarine mining operation in Irwin Township, Venango County.

   43-290B: Winner Steel, Inc. (277 Sharpsville Avenue, Sharon, PA 16146) on December 18, 2003, for the installation of a new no. 3 continuous steel strip galvanizing line furnace in the City of Sharon, Mercer County. This is a State-only facility.

Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.13, 127.13a and 127.32.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   67-05004F: P. H. Glatfelter Co. (228 South Main Street, Spring Grove, PA 17362-0500) on December 19, 2003, for modification of a bleach plant scrubber system in Spring Grove Borough, York County. This facility is subject to 40 CFR Part 63, Subpart S--National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This plan approval was extended.

   Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; David Aldenderfer, Program Manager, (570) 327-3637.

   41-00005B: Lycoming Engines (652 Oliver Street, Williamsport, PA 17701) on December 18, 2003, for construction of three nitriders and associated air cleaning device (an ammonia/gas neutralization unit) to April 16, 2004, in the City of Williamsport, Lycoming County. The plan approval has been extended.

   18-00009A: Clinton County Solid Waste Authority (264 Landfill Lane, McElhattan, PA 17748) on December 18, 2003, for authorization to operate a landfill gas-fired flare on a temporary basis to April 16, 2004, at the Wayne Township Landfill in Wayne Township, Clinton County. The plan approval has been extended.

   17-00001A: Reliant Energy Mid-Atlantic Power Holdings, LLC--Reliant Energy Northeast Management Co. (121 Champion Way, Canonsburg, PA 15317) on December 22, 2003, for modification of an ash disposal facility (construction of a 86-acre expansion) by extending the expiration date from December 31, 2003, to June 30, 2004, at the Shawville Station in Bradford Township, Clearfield County. The plan approval has been extended.

   14-00014A: Glenn O. Hawbaker, Inc. (711 East College Avenue, Bellefonte, PA 16823) on December 19, 2003, to correct a waste oil furnace model number erroneously specified in the plan approval in Spring Township, Centre County.

   59-00003A: OSRAM SYLVANIA Products, Inc. (One Jackson Street, Wellsboro, PA 16901-1717) on December 22, 2003, authorization to operate two light bulb frosting lines, a frosting solution reclaim system and associated air cleaning device (a packed bed scrubber), as well as a waste water treatment plant filter press and lime mixers, on a temporary basis until April 20, 2004, and to modify a hydrogen fluoride stack testing requirement so that only one of the two frosting lines now needs to be operated during the performance of the testing and to modify a scrubbing solution pH recordkeeping requirement so that records of 20-minute average pH values must now be maintained instead of 1-minute pH values in Wellsboro Borough, Tioga County. The Plan Approval has been extended.

   Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; William Charlton, New Source Review Chief, (412) 442-4174.

   26-00288D: Better Materials Corp. (Salem Place, Suite 340, 390 Route 22, Delmont, PA 15626) on December 23, 2003, at their facility in Connellsville Township, Fayette County. Plan Approval 26-00288D will be revised as follows:

   *  Condition No. 3, change drum mix to batch, add no. 2 fuel oil and remove no. 6 fuel oil.

   *  Condition No. 8, reduce production from 500,000 tpy to 475,000 tpy to stay below the major source threshold for CO.

   *  Condition No. 9, removed no. 6 fuel oil.

   *  Condition No. 10, reduced the annual fuel usage restriction from 1.17 millions gallons to 1,111,500 gallons to coincide with new production limit and removed no. 6 fuel oil.

   *  Condition No. 12, reduced fuel lead limit from 100 ppm to 65 ppm, changed minimum Btu level from 8,000 Btu/lb to 135,000 Btu/gal, added (Tx) to Total Halides and replaced specific analytical techniques with as determined by appropriate EPA/ASTM methodology.

   *  Condition No. 16, revised emission limits to coincide with AP-42 emission factors.

   *  Condition No. 20, removed ''and enforce.''

   *  Condition No. 21, removed requirement to sweep roads weekly and added use of the truck wheel wash.

   *  Condition No. 31, removed no. 6 fuel oil.

   *  Deleted former Conditions Nos. 9 and 30 regarding RAP usage. Also removed RAP from Condition No. 35.

   Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Devendra Verma, New Source Review Chief, (814) 332-6940.

   25-648A: Nepa Energy, LP (1095 Ackerman Road, Northeast, PA 16428) on December 8, 2003, for operation of a boiler in North East, Erie County.

   25-648B: Nepa Energy LP (1095 Ackerman Road, Northeast, PA 16428) issued December 8, 2003, for operation of a boiler in North East, Erie County.

   16-132B: Temple Inland Forest Products (1 Fiberboard Avenue, Shippenville, PA 16254) on December 30, 2003, for modifications to the fiberboard plant in Paint Township, Clarion County.

Title V Operating Permits Issued under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.

   Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Edward Brown, Facilities Permitting Chief, (610) 832-6242.

   23-00038: DELCORA (100 East 5th Street, Chester, PA 19016) on December 22, 2003, an administrative amendment to resolve the appeal of the Title V Operating Permit, filed on October 10, 2003, in Chester City, Delaware County. The plant is a Delaware County Regional Water Authority wastewater treatment plant. The permit will include monitoring, recordkeeping and reporting requirements designed to keep the facility within all applicable air quality requirements. Administrative Amendment of Title V Operating Permit issued under the Air Pollution Control Act and 25 Pa. Code § 127.450.

Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.

   Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; David Aldenderfer, Program Manager, (570) 327-3637.

   12-399-016: Micron Research Corp. (13746 Route 120, Emporium, PA 15834) on December 22, 2003, to delete a requirement erroneously established by the Department that the air contaminant emissions from a double arm carbon products mixer be controlled by an activated carbon odor filter system in Shippen Township, Cameron County.

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS

Actions on 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); 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). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes: the Air Quality 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).

Coal Permit Actions

   Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.

   65980106 and NPDES Permit No. 0202380. Gary Gioia Coal Company (319 Karen Drive, Elizabeth, PA 15037). Renewal permit for continued mining and reclamation to an existing bituminous surface mine in South Huntingdon Township, Westmoreland County, affecting 40 acres. Receiving stream: unnamed tributary to Sewickley Creek (WWF). Renewal application received October 22, 2003. Renewal permit issued December 19, 2003.

   26980103 and NPDES Permit No. PA0212312. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Transfer of permit formerly issued to Purco Coal, Inc. for continued operation and reclamation of a bituminous surface mining site in Wharton and Stewart Townships, Fayette County, affecting 206 acres. Receiving streams: unnamed tributary to Meadow Run. Application received October 29, 2003. Permit transfer issued December 23, 2003.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS

Actions on applications under the Explosives Acts of 1937 and 1957 (73 P. S. §§ 151--161) and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   38034029. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Lebanon Valley Bible Church in South Annville Township, Lebanon County, with an expiration date of December 25, 2004. Permit issued December 22, 2003.

   38034030. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at 20 Krall Road in Jackson Township, Lebanon County, with an expiration date of July 21, 2004. Permit issued December 22, 2003.

   21034069. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Hickory Ridge in East Pennsboro Township, Cumberland County, with an expiration date of December 17, 2004. Permit issued December 22, 2003.

   21034070. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Ag Choice Farm Credit at Bent Creek Industrial Park in Silver Spring Township, Cumberland County, with an expiration date of December 25, 2004. Permit issued December 22, 2003.

   21034071. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at 4 Buttonwood Court in Silver Spring Township, Cumberland County, with an expiration date of December 25, 2004. Permit issued December 22, 2003.

   48034039. Labrador Construction (P. O. Box 1379, Marshalls Creek, PA 18335), construction blasting at Palmer Industrial Park in Forks Township, Northampton County, with an expiration date of February 1, 2004. Permit issued December 22, 2003.

   360340120. Gerlach's Drilling & Blasting, Inc. (172 Bender Mill Road, Lancaster, PA 17603), construction blasting at Rolling Ridge Development in Manor Township, Lancaster County, with an expiration date of December 25, 2008. Permit issued December 23, 2003.

   23034018. Allan A. Myers, L. P. (P. O. Box 98, Worcester, PA 19490), construction blasting at Indian Rock--Iacobucci Homes in Aston and Bethel Townships, Delaware County, with an expiration date of November 25, 2005. Permit issued December 23, 2003.

   28034043. David H. Martin, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), construction blasting at Jason A. Johns Construction in the Borough of Green Castle, Franklin County, with an expiration date of June 8, 2007. Permit issued December 23, 2003.

   28034044. David H. Martin, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), construction blasting at Shank's Lawn Equipment in Guilford Township, Franklin County, with an expiration date of June 8, 2007. Permit issued December 23, 2003.

   21034072. M & J Explosives, Inc. (P. O. Box 608, Carlisle, PA 17013), construction blasting at Kelso Road/Westbrook in Southampton Township, Cumberland County, with an expiration date of November 18, 2004. Permit issued December 23, 2003.

   38034031. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Extreme Exc.--330 Ramona Road in Jackson Township, Lebanon County, with an expiration date of July 25, 2004. Permit issued December 23, 2003.

   48034040. Austin Powder Company (P. O. Box 289, Northampton, PA 18067), construction blasting at Lehigh Valley Site in Forks Township, Northampton County, with an expiration date of April 1, 2004. Permit issued December 23, 2003.

   52034027. Holbert Explosives, Inc. (237 Masthope Plank Road, Suite A, Lackawaxen, PA 18435), construction blasting at John Ellis Property in Shohola Township, Pike County, with an expiration date of January 2, 2005. Permit issued December 23, 2003.

   06034060. Brubacher Excavating, Inc. (P. O. Box 528, 825 Reading Road, Bowmansville, PA 17507), construction blasting at Daniel Boone School in Amity Township, Berks County, with an expiration date of January 8, 2007. Permit issued December 23, 2003.

   06034061. Popple Construction, Inc. (202 Main Street, Laflin, PA 18702) and Austin Powder Company (P. O. Box 289, Northampton, PA 18067), construction blasting at Berk Heim Nursing Facility in Bern Township, Berks County, with an expiration date of January 8, 2005. Permit issued December 23, 2003.

   54034009. Popple Construction, Inc. (202 Main Street, Laflin, PA 18702) and D. C. Guelich Explosive Company (P. O. Box 29, Bloomsburg, PA 17815), construction blasting at Wegman's Southern Retail Service Center in Cass, Butler and Foster Townships, Schuylkill County, with an expiration date of November 30, 2004. Permit issued December 23, 2003.

   360340121. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting at Nelson Weaver Dairy Barn in Earl Township, Lancaster County, with an expiration date of July 8, 2004. Permit issued December 23, 2003.

   360340122. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting at R. S. Stoltzfus Job in Salisbury Township, Lancaster County, with an expiration date of February 8, 2004. Permit issued December 23, 2003.

   06034062. Schlouch, Inc. (Excelsior Industrial Park, P. O. Box 69, Blandon, PA 19510), construction blasting at Spring Meadow in Spring Township, Berks County, with an expiration date of January 8, 2006. Permit issued December 23, 2003.

   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.

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 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.

Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the 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.

   E45-331. Blue Ridge Peat Farms, Inc., R. R. 1, Box 292-A, White Haven, PA 18661. Barrett Township, Monroe County, Army Corps of Engineers Philadelphia District, Subbasin 2E.

   To operate and maintain a peat extraction operation in approximately 2.6 acres of (PFO) wetlands within the Cranberry Creek watershed (HQ-CWF). The project includes continued operation within approximately 19 acres of wetlands (previously authorized by Permit No. E45-064) and issuance of this permit supersedes Permit No. E45-064. The permittee is required to provide 20 acres of replacement wetlands. The project is on the south side of SR 1008, approximately 0.5 mile east of the intersection of SR 0191 and SR 1008 (Buck Hill Falls, PA Quadrangle N:  5.0 inches; W:  3.2 inches).

   E66-131. Richard N. Brewer, 17700 Southeast 85th Ellerbee Avenue, Villages, FL 32162. Tunkhannock Township, Wyoming County, Army Corps of Engineers Baltimore District, Subbasin 4-G.

   To place fill in approximately 0.17 acre of PFO wetlands for the purpose of providing buildable area for a proposed health care professional office building. The permittee has provided for 0.17 acre of replacement wetlands by participating in the Pennsylvania Wetland Replacement Project. The project is on the west side of SR 0006, just north of the intersection of SR 0006 and Township Road T430 (Tunkhannock, PA Quadrangle N:  12.4 inches; W:  12.2 inches).

   E64-231. Department of Transportation, Engineering District 4-0, P. O. Box 111, Scranton, PA 18501. Honesdale Borough, Wayne County, Army Corps of Engineers Philadelphia District, Subbasin 01B.

   To construct and maintain a two-span prestressed concrete spread box beam bridge (Church Street Bridge), having a total span length of approximately 40.0 meters (131 feet), an underclearance of approximately 4.5 meters (14.8 feet) and a width of 12.5 meters (41 feet), across West Branch Lackawaxen River (HQ-CWF); and to modify and maintain an existing three-span prestressed concrete spread box beam bridge (Fourth Street Bridge), having a total span length of approximately 50.9 meters (167 feet), an underclearance of approximately 6.1 meters (20.0 feet) and a width of 21.1 meters (69 feet), across the Lackawaxen River (HQ-CWF); with work consisting of widening the structure to accommodate four lanes of traffic. The project includes construction of two 450-mm (18-inch) stormwater outfall structures on the downstream side of the Church Street Bridge. The project also includes temporary impacts for causeways and cofferdams during construction of 0.38 acre of West Branch Lackawaxen River (Church Street) and 0.39 acre of Lackawaxen River (Fourth Street). The project is along SR 0006, Section 673, Segment 0261, Offset 0117 (Honesdale, PA Quadrangle N:  12.5 inches; W:  0.3 inch).

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

   E07-374: Furrer Beverage Company, Inc., 526 Third Avenue, Altoona, PA 16602 in Antis Township, Blair County, ACOE Baltimore District.

   To construct and maintain water, sewer, telephone, electric and gas utility crossings resulting in temporary impacts to 0.12 acre of exceptional value PEM wetlands at a point approximately 1,008 feet southeast of the intersection of SR 764 and SR 4018 (Bellwood, PA Quadrangle N:  11.8 inches; W:  11.75 inches); and a sewer line crossing resulting in temporary impacts to 0.03 acre of exceptional value PSS wetlands and a 7-foot by 20-foot crossing of a perennial unnamed tributary to Sandy Run (CWF) at a point approximately 426 feet southwest of the intersection of SR 764 and SR 4018 (Bellwood, PA Quadrangle N:  11.7 inches; W:  12.25 inches) in Antis Township, Blair County. The project involves 14 feet of additional impacts to the unnamed tributary to Sandy Run associated with two 2-foot high sandbag coffer dams waived under 105.12.(a)(1). The project proposes to temporarily impact 0.15 acre of exceptional value wetlands and 34 feet of an unnamed tributary to Sandy Run.

   E67-716: Dallastown Borough, 18 East Main Street, Dallastown, PA 17313 in Dallastown Borough, York County, ACOE Baltimore District.

   To construct and maintain a 71-inch by 47-inch corrugated metal pipe arch culvert 20 feet long, 190 feet of 48-inch stormwater piping and inlet system, 202 feet of gabion basket lined channel, 475 feet of impact for an on-stream detention basin (nonjurisdictional dam) to control additional flood flows in an unnamed tributary to Mill Creek (WWF). The site is between North Pleasant Avenue and North Walnut Street in Dallastown Borough (York, PA Quadrangle N:  5.0 inches; W:  2.5 inches) Dallastown Borough, York County.

   E34-109: Matthew W. Matter, R. R. 2 Box 197, Millerstown, PA 17062 in Susquehanna Township, Juniata County, ACOE Baltimore District.

   To remove a 16-foot dual 30-inch CMP road crossing on Dobson Run (CWF, perennial) and a 25-foot by 30-inch CMP road crossing on an unnamed tributary to Dobson Run (CWF, perennial) and to construct and maintain a 24-foot by 48-inch road crossing on Dobson Run at a point (Reward, PA Quadrangle N:  19.2 inches; W:  7.75 inches) approximately 416 feet downstream from T-518 and a 32-foot by 36-inch road crossing on an unnamed tributary to Dobson Run at a point (Reward, PA Quadrangle N:  19.4 inches; W:  7.85 inches) approximately 750 downstream from T-518. The project proposes to direct affect 56 linear feet of stream channel.

   E38-137: S, A & B Partners, 1840 Fishburn Road, Hershey, PA 17033 in South Londonderry Township, Lebanon County, ACOE Baltimore District.

   To construct and maintain: (1) 70 linear feet of stream relocation; (2) an 80-linear foot concrete box culvert with a span of 14 feet and a rise of 3 feet; (3) two utility line crossings; (4) four outfall pipes; and (5) 0.02 acre of wetland fill all within and adjacent to Spring Creek (WWF) for the purpose of constructing Phase II of the Stone Knoll residential subdivision, on the east side of Lawn Road (SR 3015) about 500 feet south of its intersection with U.S. Route 322 (Palmyra, PA Quadrangle N:  4.75 inches; W:  10.9 inches) in South Londonderry Township, Lebanon County. The amount of wetland impact is considered a de minimis impact of 0.02 acre and wetland mitigation is not required.

   E67-747: Jackson Township Board of Supervisors, 439 Roth's Church Road, Spring Grove, PA 17362 in Jackson Township, York County, ACOE Baltimore District.

   To remove an existing bridge and then to construct and maintain a 28-foot long, 20-foot by 6-foot concrete box culvert at a point where Pine Road (T-513) crosses the Little Conewago Creek (TSF) (West York, PA Quadrangle N:  10.7 inches; W:  16.1 inches) in Jackson Township, York County. Minor road widening will impact 0.015 acre and wetland mitigation is not required.

[Pa.B. Doc. No. 04-56. Filed for public inspection January 9, 2004, 9:00 a.m.]

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