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PA Bulletin, Doc. No. 02-580e

[32 Pa.B. 1885]

[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(a)).

   Except as otherwise noted, the Department certifies that the construction and operation herein described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U. S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State Water Quality Standards.

   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 St., 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 Federal Water Pollution Control Act (33 U. S.C.A. § 1341(a)). (Note: Water Obstruction and Encroachment Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)

Permits Issued and Actions on 401 Certifications:

WATER OBSTRUCTIONS AND ENCROACHMENTS

   Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.

   E46-889.  Lejeune Properties, Inc., 4070 Butler Pike, Suite 800, Plymouth Meeting, PA 19462, Upper Providence Township, Montgomery County, ACOE Philadelphia District.

   To perform the following activities associated with the proposed construction of the River Crest Residential/Golf Club Development, located at the corner of Collegeville Road (S.R. 0029) and Black Rock Road (S.R. 4003) (Collegeville, PA Quadrangle North:  5.5 inches, West: 15.35 inches).

   1.  To construct and maintain a road crossing and associated utilities in 0.39 acre of wetlands (PEM) at the headwaters of an unnamed tributary to the Schuylkill River (WWF).

   2.  To construct and maintain three 80 feet by 10 feet golf cart bridges located across an unnamed tributary to the Schuylkill River.

   3.  To remove a 48-inch pipe and replace it with a 28 linear feet, twin, 48-inch RCP Culvert Road crossing located in and along an unnamed tributary to the Schuylkill River for the purpose of emergency access.

   4.  To construct and maintain an 80 linear feet, 48-inch RCP culvert road crossing located in and along an unnamed tributary to the Schuylkill.

   5.  To place fill in 90 linear feet of the headwaters an unnamed tributary associated with the construction of fairway one of the proposed golf course.

   6.  The project also proposes a 45-foot extension to an existing 45-foot long 30-inch CMP Culvert Road crossing in and along an unnamed tributary to the Schuylkill River under Collegeville Road (S.R. 29), which is owned and operated by the Department of Transportation.

   E46-876.  The Philadelphia Cricket Club, 415 West Willow Grove Avenue, Philadelphia, PA 19118, Whitemarsh Township, Montgomery County, ACOE Philadelphia District.

   To amend permit No. E46-876, which authorized various activities associated with the construction of the Philadelphia Cricket Club Golf Course for the following water obstruction and encroachment activities, which impacted a total of 898 linear feet of Lorraine Run (TSF), unnamed tributaries will impact 0.36 acre of adjacent wetland (PRO) associated with the construction of the Philadelphia Cricket Club Golf Course:

   1.  To maintain 13 stormwater outfalls.

   2.  To maintain eight golf cart bridges.

   3.  To eliminate the construction of a golf course pond along the bank and within the floodway of Lorraine Run associated with Hole No. 13.

   4.  To maintain fill within approximately 570 linear feet of an unnamed tributary to Lorraine Run associated with the construction of a new settling pond in accordance with Mining Permit No. 8074SM2T2 and to maintain 260 linear feet of constructed channel originating at the mining discharge point.

   5.  To include the placement of approximately 0.2 acre of fill within wetlands (PEM) associated with modification to the fairway for Hole No. 18.

   The site is bounded by Joshua Road and Fort Washington State Park to the north, West Valley Green Road to the south and Stenton Avenue to the west (Germantown, PA Quadrangle N:  20.05 inches; W:  15.0 inches). The permittee proposed to provide 1.0 acre of replacement wetlands.

   E51-195.  John Bartram Associates and Fairmount Park Commission, 54th St. and Lindbergh Boulevard, Philadelphia, PA 19030, City and County of Philadelphia, ACOE Philadelphia District.

   To perform the following activities associated with the construction of the proposed berthing facility at the existing Bartram's Garden along the Schuylkill River (WWF-MF) (Philadelphia, PA Quadrangle N:  10.5 inches, W:  11.8 inches).

   1.  To maintain the existing facility at Bartram's Gardens including floating boat launch platforms, a low deck structure, retaining walls, dolphins, dike, rip rap shore protection, boardwalks, trails, walkways, a pedestrian bridge, outlet structure, drainage systems and other associated facilities within the floodplain of the Schuylkill River and along approximately 2,857 feet of shoreline between 51st and 56th Streets.

   2.  To construct and maintain 12 bents with associated piles, to strengthen and rehabilitate the existing seawall.

   3.  To install and maintain an ''L'' shaped 125-foot by 8-foot and 50-foot by 8-foot floating dock with associated piles. This work also includes installation of handrails and lights on the floating dock.

   4.  To install and maintain a 30-foot by 5-foot floating dock with associated piles downstream from the existing seawall. This work also includes installation of handrails and lights on the floating dock.

   5.  To install one loading platform and gangway with associated piles.

   6.  To install and maintain two mooring dolphins with associated piles.

   7.  To install and maintain a 120-foot long fender system with associated piles.

   8.  To modify and maintain the existing facility by installing fences, lighting fixtures, ADA wheelchair complaint hoist, benches, trash receptacles and electrical utilities. This work also includes resurfacing of the existing 660-foot long roadway and rehabilitation of the existing retaining wall with supporting bents.

   Proposed work will impact a total length of approximately 400 feet along the Schuylkill River. Various sizes and types of piles with an approximate total area of 107 square feet will be utilized for the construction of this facility.

   E51-139.  Delaware Avenue Enterprises, Inc., P. O. Box 1800, Philadelphia, PA 19101, City and County of Philadelphia, ACOE Philadelphia District.

   Permit No. E51-139 is amended for the second time, for the construction and maintenance of a multipurpose terminal facility situated in and along the Delaware River (WWF, MF). The amendment will allow for the construction of a modified bulkhead design, which eliminates the need to demolish the existing piers and requires an extension of the previously approved bulkhead line approximately 8 feet riverward. This facility is located immediately upstream of the Walt Whitman Bridge and encompasses Piers 103 through 108 (Philadelphia, PA NJ Quadrangle N:  5.9 inches; W:  2.5 inches).

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

   E54-274.  West Brunswick Township, R. R. 1, Box 1363, Orwigsburg, PA 17961-9745. West Brunswick Township, Schuylkill County, Army Corps of Engineers Philadelphia District.

   To maintain an existing stone masonry arch bridge across Pine Creek having a span of 23 feet and a maximum underclearance of 10.2 feet by repointing the joints of the stone masonry and paving the deck of the bridge. The project is located along Township Road T729 (Frisbie Road), approximately 200 feet west of the intersection with T726 (Orwigsburg, PA Quadrangle N:  4.5 inches; W:  3.7 inches).

   E45-411.  Jerry Perry, R. R. 1, Box 1416, Stroudsburg, PA 18360. Hamilton Township, Monroe County, Army Corps of Engineers Philadelphia District.

   To construct and maintain a building addition to the existing Pocono Valley Personal Care Facility that has a 30-foot x 5-foot portion located in the floodway of a tributary to Cherry Creek. The project also includes a stormwater outfall channel to said tributary and is located south of S.R. 2003 (Kemmertown Road), approximately 0.15 mile west of S.R. 2002 (Stroudsburg, PA-NJ Quadrangle N:  10.8 inches; W:  16.8 inches).

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

   E50-207.  Michael Dubaich, P. O. Box 201, Liverpool, PA 17045 in Tuscarora Township, Perry County, ACOE Baltimore District.

   To construct and maintain a crossing consisting of two 8.15-foot by 5.78-foot corrugated metal arch culverts in the channel of Raccoon Creek (CWF) at a point approximately 7,000 feet downstream of Route 17 for the purpose of constructing a driveway (Mexico, PA Quadrangle N:  1.3 inches; W:  1.75 inches) in Tuscarora Township, Perry County.

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

   E08-387.  Department of Transportation, District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. Bridge Replacement, in Canton Township, Bradford County, ACOE Baltimore District (Canton, PA Quadrangle N:  16.4 inches; W:  14.4 inches).

   To remove the existing reinforced concrete I-beam bridge which has a normal opening of 20 feet and an underclearance of 10 feet and a curb-to-curb width of 27.9 feet; and to construct and maintain a precast reinforced concrete box culvert with a hydraulic opening of approximately 221 square feet and a 30 foot wide roadway over the culvert with 5 foot wide sidewalks over Mill Creek on S.R. 14, Section 065 in Canton Borough, Bradford County.

   E18-329.  Department of Conservation and Natural Resources, P. O. Box 8451, Harrisburg, PA 17105-8451. Bridge 7-0054 Replacement, in Green Township, Clinton County, ACOE Baltimore District (Loganton, PA Quadrangle N:  11.2 inches; W:  14.3 inches).

   To: 1) remove an existing bridge; 2) construct and maintain a concrete single span prestressed spread box beam bridge with a 22.75-foot normal opening, 7.5-foot underclearance and associated R-4 choked R-7 riprap to cross Long Run located 1,200 feet south on Rainsares Road from SR 477. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E41-500.  Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. SR 2071 Bryan Mill bridge replacement, in Wolf Township, Lycoming County, ACOE Susquehanna River Basin District (Picture Rocks, PA Quadrangle N:  2.5 inches; W:  12.9 inches).

   To remove an existing structure and construct and maintain a two span adjacent box beam bridge having a span of 150.0 feet and a minimum underclearance of 14.25 feet with a skew of 83° in Muncy Creek (TSF). The project is located along SR 2017 approximately 0.2 mile west of SR 220 and SR 2017 intersection in Wolf Township, Lycoming County. The constructed bridge will have a minimal impact on wetlands while impacting 150-feet of waterway.

   E49-257.  Shamokin Township Supervisors, R. R. 1, Box 459, Paxinos, PA 17860. Water Obstruction and Encroachment Joint Permit Application, in Shamokin Township, Northumberland County, ACOE Susquehanna River Basin District (Trevorton, PA Quadrangle N:  16.6 inches; W:  2.3 inches).

   To remove an existing metal pipe culvert and construct and maintain a corrugated metal arch culvert measuring 44-feet long by 7.25-feet wide by 5.25-feet high as well as R-4 riprap protection in an unnamed tributary to Shamokin Creek along T-485 in Shamokin Township, Northumberland County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

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

   E11-291.  East Carroll Township, 3350 Brick Rd., Carrolltown, PA 15722. East Carroll, Cambria and Allegheny Townships, Cambria County, ACOE Pittsburgh District.

   To remove the existing structure and to construct and maintain a corrugated metal box culvert having a normal span of 13.8 feet and an underclearance of 5.4 feet in Chest Creek (HQ-CWF) for the purpose of improving transportation safety and roadway standards. The project will reportedly affect a de minimis amount of wetland (0.02 acre). The project is located on Township Road T-481, approximately 2.75 miles east of U. S. Route 219 (Carrolltown, PA Quadrangle N:  6.65 inches; W:  7.4 inches).

   E56-307.  Seven Springs Farm, Inc., 777 Waterwheel Drive, Champion, PA 15622. Jefferson Township, Somerset County, ACOE Pittsburgh District.

   To construct and maintain a 6-inch depressed 87-inch x 63-inch corrugated metal pipe arch culvert in an unnamed tributary to Jones Mill Run (EV) for the purpose of providing access to proposed dwellings associated with the Pheasant Run Subdivision. This permit also authorizes the installation and maintenance of two 8-inch PVC sewer lines and a 6-inch PVC water line across an unnamed tributary to Jones Mill Run (EV). The project is located on Grouse Point Drive (Seven Springs, PA Quadrangle N:  6.35 inches; W:  3.9 inches).

   E65-795.  Humane Society of Westmoreland County, P. O. Box 1552, Greensburg, PA 15601. Hempfield Township, Westmoreland County, ACOE Pittsburgh District.

   To operate and maintain a single span bridge having a normal span of 24.0 feet and an underclearance of 5.5 feet across Jacks Run (WWF) authorized for construction under Emergency Permit No. EP6501201. The bridge is located off of S.R. 119 (Greensburg, PA Quadrangle N:  11.0 inches; W:  4.0 inches).


SPECIAL NOTICES

Notice of Certification to Perform Radon-Related Activities in this Commonwealth

   In the month of March 2002, the Department of Environmental Protection, under the authority contained in 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
Terry Amsley 74 Derbyshire Drive
Carlisle, PA 17013
Testing
Tom Berardelli 483 North Main St.
Moscow, PA 18444
Testing
Fran Buechele 1401 Sentry Lane
Norristown, PA 19403
Testing and Mitigation
Mavis Cheatham
URS Corporation
2325 Maryland Rd.
Willow Grove, PA 19090
Testing
David DeMar
Accurate Radon Control
P. O. Box 296
Green Lane, PA 18054
Mitigation
Heber Dreher, III 7 Edward Circle
Lewisburg, PA 17837
Testing
Vilas Godbole 307 Dogwood Lane
Wallingford, PA 19086
Mitigation
Robert Hannabery P. O. Box 98
Coopersburg, PA 18036
Testing
Nick Hindley 1132 R. R. 1
Honesdale, PA 18431
Testing
David Morgan 44 Crestview Rd.
Phoenixville, PA 19460
Testing
Michael Myers
AccuStar Labs--Midwest
3334 Commercial Avenue
Northbrook, IL 60062
Laboratory
Michael Stabinski 219 West Grove St.
Clarks Summit, PA 18411
Testing
Richard Stump, II
Suburban Water Testing Labs, Inc.
4600 Kutztown Rd.
Temple, PA 19560
Testing
Barbara Sykes 88 Cherry Lane
Doylestown, PA 18901
Testing
John Sykes 88 Cherry Lane
Doylestown, PA 18901
Testing and Mitigation
Tracy Tobiczyk 41 Indian Rocks
Lake Ariel, PA 18436
Testing
Stanley Watras
S. J. Watras, Inc.
32 Indian Lane
Boyertown, PA 19512
Testing and Mitigation
John Wilson 107 Lockerbie Lane
West Chester, PA 19382
Testing
Ronald Zimmerman 99 Kohler Rd.
Kutztown, PA 19530
Testing

Bureau of Deep Mine Safety

Request for Variance

   The Department of Environmental Protection (Department), Bureau of Deep Mine Safety (Bureau), has received a request for variance from Dunkard Mining, Inc. The following notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the Bureau website at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   The Department is publishing a summary of the request to solicit comments from affected parties on the proposed variance request. Comments may be used by the Bureau to assist in its investigation of the variance request. Comments will be accepted for 30 days following the publication of this notice. Comments should be addressed to Richard E. Stickler, Director, Bureau of Deep Mine Safety, Fayette County Health Center, 100 New Salem Rd., Room 167, Uniontown, PA 15401.

   Section 702 of the Bituminous Coal Mine Act (52 P. S. § 702) provides a mechanism for operators to obtain variances from specific requirements of the act to accommodate the adoption of new machinery, equipment, tools, supplies, methods or processes.

   Section 224(b) of the Pennsylvania Bituminous Coal Mine Act (act) (52 P. S. § 701-224(b)) states that whenever any working place in a mine approaches within 50 feet of abandoned workings certified by an engineer or within 200 feet of any abandoned workings which cannot be inspected or within 200 feet of any other abandoned workings, boreholes shall be drilled at least 20 feet in advance of the face of the working place. Boreholes shall be drilled sufficiently close to each other to insure that the advancing face will not accidentally hole through into the workings. Boreholes shall also be drilled not more than 8 feet apart in the rib of the working place to a distance of at least 20 feet at an angle of 45 degrees. Rib holes shall be drilled in one or both ribs of the working place as may be necessary for adequate protection of persons working in a place.

   Summary of the Request: Dunkard Mining, Inc. requested a variance from section 224(b) of the act to drill a horizontal borehole to the west of the Rosedale #8 Mine to protect miners against accidentally mining into the abandoned mine.

[Pa.B. Doc. No. 02-580. Filed for public inspection April 12, 2002, 9:00 a.m.]



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