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PA Bulletin, Doc. No. 03-1898d

[33 Pa.B. 4806]

[Continued from previous Web Page]

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

   California District Mining Office:  25 Technology Drive, California Technology Park, Coal Center, PA 15423, (724) 769-1100.

   65881701. NPDES Permit PA0214116, Consolidation Coal Company (P. O. Box 355, 172 Route 519, Eighty Four, PA 15330), to renew the permit for the Hutchinson Treatment Plant in Sewickley Township, Westmoreland County and related NPDES permit, no additional discharges. Permit issued September 11, 2003.

   17921602. NPDES Permit PA0214191, King Coal Sales, Inc. (P. O. Box 712, Phillipsburg, PA 16866), to renew the permit for the Cunard coal preparation facility in Morris Township, Clearfield County and related NPDES permit, no additional discharges. Permit issued September 11, 2003.

   63981301. NPDES Permit PA0215171, Consolidation Coal Company (P. O. Box 355, Eighty Four, PA 15330), to renew and revise the permit for the Shoemaker Deep Mine in West Finley Township, Washington County and add 105 acres to permit and SCPA and delete 437.53 SPCA acres, SCP Acres Proposed 105, no additional discharges. Permit issued September 11, 2003.

   Knox District Mining Office:  White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.

   1475-10020104-E-5. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Application for a stream encroachment to mine through the headwaters of unnamed tributary F to Findlay Run and conduct mining activities within 100 feet of unnamed tributaries C and E to Findlay Run in Clay and Cherry Townships, Butler County. Receiving streams:  unnamed tributaries to Findlay Run. Application received April 2, 2003. Permit issued September 11, 2003.

   1475-10020104-E-6. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributaries G--J to Findlay Run in Clay and Cherry Townships, Butler County. Receiving streams:  unnamed tributaries to Findlay Run. Application received April 2, 2003. Permit issued September 11, 2003.

   33990109 and NPDES Permit PA0241539. Strishock Coal Company (220 Hillcrest Drive, DuBois, PA 15801). Renewal of an existing bituminous strip and auger operation in Perry Township, Jefferson County affecting 66.0 acres. Receiving streams:  two unnamed tributaries to Perryville Run and Perryville Run. Application received April 4, 2003. Permit issued September 11, 2003.

   33950106 and NPDES Permit PA0227081. Beth Contracting, Inc. (815 Rock Run Road, Glen Campbell, PA 15742). Transfer of an existing bituminous strip operation from Urey Coal Company in Perry Township, Jefferson County affecting 148.4 acres. Receiving streams:  unnamed tributary to Mahoning Creek, unnamed tributary to Sawmill Run and unnamed tributary to Rose Run. Application received May 12, 2003. Permit issued September 2, 2003.

   Cambria District Mining Office:  286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

   56980107 and NPDES Permit PA0234877. AMFIRE Mining Co., LLC, One Energy Place, Latrobe, PA 15650, permit revision to change the land use from wildlife habitat to recreational on the lands of Rockwood Area School District in Milford Township, Somerset County, affecting 277.0 acres. Receiving streams:  unnamed tributaries to/and Casselman River (CWF) and South Glade Creek (WWF). There are no potable water supply intakes within 10 miles downstream. Application received July 16, 2003. Permit issued September 8, 2003.

   32030101 and NPDES Permit PA0249378. P & N Coal Company, Inc., P. O. Box 332, Punxsutawney, PA 15767 for commencement, operation and restoration of a bituminous surface mine and for discharge of treated mine drainage in Montgomery Township, Indiana County, affecting 182.2 acres. Receiving streams:  Cush Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received January 13, 2003. Permit issued September 8, 2003.

   11000102 and NPDES Permit PA0235342. M. B. Energy, Inc., 175 McKnight Road, Blairsville, PA 15717, permit revision to encroach within the 100-foot road barrier and surface mine through a portion of T-550 in Susquehanna and Barr Townships, Cambria County, affecting 450.0 acres. Receiving streams:  unnamed tributaries to Moss Creek (CWF); Moss Creek (CWF); unnamed tributaries to West Branch Susquehanna River (CWF); West Branch Susquehanna River (WWF). There is no potable water supply intakes within 10 miles downstream. Application received July 17, 2003. Permit issued September 11, 2003.

   56980101 and NPDES Permit PA0234664. Heritage Mining Company, P. O. Box 126, Cresson, PA 16630, permit revision to add surface mine augering within the permit boundary in Shade and Paint Townships, Somerset County, affecting 62.3 acres. Receiving streams:  unnamed tributary to/and Shade Creek (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Stonycreek Surface Water Withdrawal. Application received June 18, 2003. Permit issued September 12, 2003.

   56980101 and NPDES Permit PA0234664. Heritage Mining Company, P. O. Box 126, Cresson, PA 16630, permit renewal for continued restoration of a bituminous surface mine in Shade and Paint Townships, Somerset County, affecting 62.3 acres. Receiving streams:  unnamed tributary to/and Shade Creek (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Stonycreek Surface Water Withdrawal. Application received June 20, 2003. Permit issued September 12, 2003.

   11860104 and NPDES Permit PA0597724. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine in Conemaugh Township, Cambria County, affecting 456.0 acres. Receiving streams:  Bear Run (CWF) and unnamed tributaries to/and Little Conemaugh River (WWF). There are no potable water supply intakes within 10 miles downstream. Application received April 4, 2003. Permit issued August 18, 2003.

   56930102 and NPDES Permit PA0212407. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, permit renewal for continued operation of a bituminous surface and auger for discharge of treated mine drainage in Shade Township, Somerset County, affecting 280.0 acres. Receiving streams:  Hinson Run, unnamed tributary to Hinson Run, two unnamed tributaries to Shade Creek and Shade Creek (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Stonycreek Surface Water Withdrawal. Application received January 24, 2003. Permit issued August 18, 2003.

   07920101 and NPDES Permit PA0599581. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, permit renewal for continued operation of a bituminous surface mine in Allegheny Township, Blair County, affecting 474.0 acres. Receiving streams:  two unnamed tributaries to/and Sugar Run. There are no potable water supply intakes within 10 miles downstream. Application received June 20, 2003. Permit issued August 18, 2003.

   11850107 and NPDES Permit PA0597341. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, permit renewal for continued operation of a bituminous surface mine in Portage Township, Cambria County, affecting 85.7 acres. Receiving streams:  unnamed tributary to/and Spring Run (CWF) and unnamed tributary to/and Trout Run (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Little Conemaugh Surface Water Withdrawal. Application received June 20, 2003. Permit issued August 18, 2003.

   56920106 and NPDES Permit PA0599557. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, permit renewal for continued operation of a bituminous surface mine and for discharge of treated mine drainage in Shade Township, Somerset County, affecting 276.0 acres. Receiving streams:  unnamed tributary to Hinson Run, unnamed tributary to Shade Creek, unnamed tributary to Stony Creek (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Stoneycreek Surface Water Withdrawal. Application received January 24, 2003. Permit issued August 18, 2003.

   11860107 and NPDES Permit No. PA0597830. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, permit renewal for continued operation of a bituminous surface mine in Dean Township, Cambria County, affecting 201.0 acres. Receiving streams: Clearfield Creek and two unnamed tributaries to Clearfield Creek and Brubaker Run and one unnamed tributary to Brubaker Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received June 20, 2003. Permit issued August 19, 2003.

   11020103 and NPDES Permit PA0249335. L & J Energy Company, Inc., P. O. Box I, Grampian, PA 16838, commencement, operation and restoration of a bituminous surface and auger mine and for discharge of treated mine drainage. Also, a variance has been requested to conduct mining and support activities within 100 feet of T-566, beginning at the intersection of SR 4018 and T-566, thence continuing northwesterly a distance of 3,390 feet along the northern side of the roadway. A variance has been requested on Douglas Run to utilize an existing bridge crossing the run, beginning 680 feet downstream in an easterly direction from the point where Douglas Run crosses T-566 in Susquehanna Township, Cambria County, affecting 321.5 acres. Receiving streams:  Douglas Run to West Branch Susquehanna River (CWF). There are no potable water supply intakes within 10 miles downstream. Application received November 14, 2002. Permit issued August 21, 2003.

   NPDES Permit PA0249343. Robindale Energy Services, Inc., 1001 Broad Street, Suite 130, Johnstown, PA 15906, application for a post-mining water treatment permit in Shade Township, Somerset County, affecting 106.5 acres. Receiving streams:  Miller Run to Dark Shade Creek to Stony Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received November 1, 2002. Permit issued August 18, 2003.

   Hawk Run District Mining Office:  Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.

   17030101 and NPDES Permit PA0243418. Moravian Run Reclamation Co., Inc., 605 Sheridan Drive, Clearfield, PA 16830. Commencement, operation and restoration of a bituminous surface mine-auger permit in Penn Township, Clearfield County affecting 220.8 acres. Receiving streams:  unnamed tributaries to Bell Run and Bell Run. Application received January 24, 2003. Permit issued September 2, 2003.

   17970114 and NPDES Permit PA0220701. Sky Haven Coal, Inc., R. R. 1, Box 180, Penfield, PA 15849. Renewal of an existing bituminous surface mine permit in Goshen Township, Clearfield County affecting 70 acres. Receiving streams:  Little Trout Run to the West Branch of the Susquehanna River to the Susquehanna River. Application received June 24, 2003. Permit issued September 9, 2003.

Noncoal Permit Actions

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

   40030803. Piacenti Trucking & Excavating, Inc. (Rear 538 Putnam Street, West Hazleton, PA 18202), commencement, operation and restoration of a small topsoil quarry in Butler Township, Luzerne County affecting 5.0 acres. Receiving stream:  none. Application received June 5, 2003. Permit issued September 9, 2003.

   7675SM1C7 and NPDES Permit PA0124028. Pennsy Supply, Inc. (1001 Paxton Street, P. O. Box 3331, Harrisburg, PA 17105), renewal of NPDES permit for discharge of treated mine drainage in West Cornwall and South Annville Townships, Lebanon County, receiving stream:  Bachman Run. Application received June 23, 2003. Renewal issued September 9, 2003.

   22880301C5 and NPDES Permit PA0223948. Rocky Licensing Corporation (1001 Paxton Street, P. O. Box 3331, Harrisburg, PA 17105), renewal of NPDES permit for discharge of treated mine drainage in Lower Swatara Township, Dauphin County, receiving stream:  Swatara Creek. Application received June 23, 2003. Renewal issued September 10, 2003.

   Knox District Mining Office:  White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.

   25030302. Walter Kuhl (9415 Peck Road, Erie, PA 16510). Commencement, operation and restoration of a sand and gravel operation in Greene Township, Erie County affecting 50.6 acres. Receiving streams:  unnamed tributary to Fourmile Creek. Application received January 27, 2003. Permit issued August 29, 2003.

   2077-25030302-E-2. Walter Kuhl (9415 Peck Road, Erie, PA 16510). Application for a stream encroachment to conduct mining activities within 100 feet but no closer than 50 feet to unnamed tributary no. 2 to Fourmile Creek in Greene Township, Erie County. Receiving streams:  Fourmile Creek. Application received January 27, 2003. Permit issued August 29, 2003.

   43820603. Larry G. Temple (228 Georgetown Road, Hadley, PA 16130). Renewal of NPDES Permit No. PA0604607, Mill Creek Township, Mercer County. Receiving streams:  unnamed tributary to Mill Creek. Application received July 11, 2003. NPDES renewal issued September 9, 2003.

   3076SM13. White Rock Silica Sand Company, Inc. (331 Methodist Street, Greenville, PA 16125). Renewal of NPDES Permit No. PA0207535, Hempfield Township, Mercer County. Receiving streams:  Mathay Run. Application received July 14, 2003. NPDES renewal issued September 9, 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.

   35034014. Joe Sparrow Excavating (815 Meade Street, Dunmore, PA 18512) and Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Mt. Margaret Estates in Dunmore Borough, Lackawanna County with an expiration date of February 18, 2004. Permit issued September 8, 2003.

   28034030. David H. Martin, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), construction blasting at Country Club Estates in Washington Township, Franklin County with an expiration date of October 2, 2004. Permit issued September 8, 2003.

   09034024. Eastern Blasting Company, Inc. (1292 Street Road, New Hope, PA 18938), construction blasting at CB School South in Warrington Township, Bucks County with an expiration date of December 2, 2003. Permit issued September 8, 2003.

   21034051. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Ames True Temper in Middleton Township, Cumberland County with an expiration date of October 2, 2004. Permit issued September 8, 2003.

   21034053. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Giant Food Corp. Office in Middlesex Township, Cumberland County with an expiration date of October 3, 2004. Permit issued September 8, 2003.

   21034052. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Home Depot in Carlisle Borough, Cumberland County with an expiration date of October 2, 2004. Permit issued September 8, 2003.

   36034087. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at Precision Medical in East Cocalico Township, Lancaster County with an expiration date of October 30, 2004. Permit issued September 8, 2003.

   36034090. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting in West Earl Township, Lancaster County with an expiration date of April 2, 2004. Permit issued September 8, 2003.

   46034027. Reading Site Contractors (P. O. Box 13877, Reading, PA 19612) and Douglas Explosives, Inc. (P. O. Box 77, Philipsburg, PA 16866), construction blasting at the Florig Tract Project in West Pottsgrove Township, Montgomery County with an expiration date of September 30, 2004. Permit issued September 8, 2003.

   36034091. Onyx Lancaster, LLC (2487 Cloverleaf Road, Elizabethtown, PA 17022) and Tyler Blasting (P. O. Box 44, Penfield, PA 15849), construction blasting at Landfill Disposal Cell in Mt. Joy Township, Lancaster County with an expiration date of December 3, 2003. Permit issued September 8, 2003.

   45034037. E. R. Linde (R. R. 6 Box 6825, Honesdale, PA 18431), construction blasting at Sullivan Trail Jr. High in Tobyhanna Township, Monroe County with an expiration date of October 4, 2004. Permit issued September 9, 2003.

   52034021. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting at Hunter's Ridge in Lackawaxen Township, Pike County with an expiration date of August 22, 2004. Permit issued September 9, 2003.

   64034014. Bret Wallace (96 Indian Rock, Lake Ariel, PA 18436) and Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting in Salem Township, Wayne County with an expiration date of November 22, 2003. Permit issued September 9, 2003.

   28034031. David H. Martin Excavating, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), construction blasting at Formost Industrial Project in Antrim Township, Franklin County with an expiration date of October 3, 2008. Permit issued September 9, 2003.

   52034022. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting at Martin Lane in Milford Township, Pike County with an expiration date of August 25, 2004. Permit issued September 9, 2003.

   45034039. JLM Construction (4 Hill Road, Effort, PA 18330) and Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting in Ross Township, Monroe County with an expiration date of February 25, 2004. Permit issued September 9, 2003.

   46034038. Tulio Landscaping, Inc. (19 Pebble Ridge Road, Warrington, PA 18976) and Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at the Sewage Treatment Plant in Upper Hanover Township, Montgomery County with an expiration date of August 28, 2004. Permit issued September 9, 2003.

   22034021. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Hills of Waterford in Conewago Township, Dauphin County with an expiration date of December 31, 2004. Permit issued September 9, 2003.

   45034038. James T. O'Hara, Inc. (R. R. 9 Box 9433, Moscow, PA 18444) and John Brainard (R. R. 1 Box 275, Kingsley, PA 18826), construction blasting in Pocono Township, Monroe County with an expiration date of December 31, 2003. Permit issued September 9, 2003.

   21034054. M & J Explosives, Inc. (P. O. Box 608, Carlisle, PA 17013), construction blasting at Avondale Development in Dickinson Township, Cumberland County with an expiration date of September 30, 2008. Permit issued September 9, 2003.

   40034027. Slusser Brothers Trucking & Excavating Company (125 North Warren Street, West Hazleton, PA 18202) and D. C. Guelich Explosive Company (P. O. Box 29, Bloomsburg, PA 17815), construction blasting at First Quality Nonwoven Company Project in Hazle Township, Luzerne County with an expiration date of February 28, 2004. Permit issued September 10, 2003.

   35034016. Gary Wilmet (104 Sunrise Drive, Dalton, PA 18414) and John Brainard (R. R. 1 Box 275, Kingsley, PA 18826), construction blasting in Dalton Borough, Lackawanna County with an expiration date of October 15, 2003. Permit issued September 10, 2003.

   35034015. Holbert Explosives, Inc. (237 Masthope Plank Road, Suite A, Lackawaxen, PA 18435), construction blasting at Jessup Business Park in Jessup Borough, Lackawanna County with an expiration date of October 10, 2005. Permit issued September 10, 2003.

   52034023. Holbert Explosives, Inc. (237 Masthope Plane Road, Suite A, Lackawaxen, PA 18435), construction in Westfall Township, Pike County with an expiration date of December 10, 2003. Permit issued September 10, 2003.

   28034032. David H. Martin Excavating, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), construction blasting at Kolpark Drive and Leedy Way Drive Extension in Guilford Township, Franklin County with an expiration date of October 4, 2004. Permit issued September 10, 2003.

   06034046. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Glen Oley Farms in Exeter Township, Berks County with an expiration date of December 31, 2004. Permit issued September 10, 2003.

   21034055. Warren's Excavating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507-0189), construction blasting at MNM Enterprise/Beech Place Development in South Middleton Township, Cumberland County with an expiration date of November 30, 2003. Permit issued September 10, 2003.

   Cambria District Mining Office:  286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

   56034006. D. H. Blattner & Sons, Inc., 400 Country Road, Avon, MN 56310, blasting activity permit issued for windmill construction project in Summit Township, Somerset County. Expected duration of blasting is 45 days. Permit Issued August 20, 2003.

   31034004. A & L, Inc., 4201 SR 51, Belle Vernon, PA 15012, highway construction--PennDOT ECMS Project No. 23032 SR 522 Sec. 5BS, Cromwell Township, Huntingdon County. Duration of blasting approximately 365 days. Permit issued August 20, 2003.

   32034002. Great Lakes Geophysical, Inc., 5842 Moore Road, P. O. Box 127, Williamsburg, MI 49690. Seismic testing in Grant and East Mahoning Townships, Indiana County. Duration of blasting activity is 45 days. Permit issued August 20, 2003.

   Hawk Run District Mining Office:  Empire Road, P. O. Box 209, Hawk Run, PA 16840-0209, (814) 342-8200.

   17034004. Great Lakes Geophysical, P. O. Box 127, Williamsburg, MI 49690, for seismic testing, in Union Township, Clearfield County, with an expected duration of 45 days. Permit issued September 8, 2003.

   17034005. D & M Contracting, R. D. 3, Box 374, New Alexandria, PA 15670, for construction blasting, in Morris Township, Clearfield County, with an expected duration of 120 days. Permit issued September 8, 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 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.

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

   The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).

   Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

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

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


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 P. S. §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).

Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

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

   E34-108:  Department of Transportation, District 2-0, 1924-30 Daisy Street, Clearfield, PA 16830 in Fermanagh Township, Juniata County, ACOE Baltimore District.

   To remove the existing bridge and then to construct and maintain a new bridge with a clear span of 36 feet on a 87° skew with an average underclearance of 5.25 feet over Horning Run (CWF) on SR 1006, Section A02, Segment 0020, Offset 0019 about 3 miles north of Mifflintown Borough (Mifflintown, PA Quadrangle N: 20.5 inches; W: 5.0 inches) in Fermanagh Township, Juniata County.

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

   E08-404. Russell A. and Norma J. Kerschner, 214 Cathill Road, Sellersville, PA 18060-1504. Low flow crossing in North Towanda Township, Bradford County, ACOE Baltimore District (Ulster, PA Quadrangle N: 9.75 inches; W: 0.3 inch).

   To construct and maintain a low flow crossing consisting of three 18-inch diameter pipes embedded in clean rock in Hemlock Run (WWF) approximately 240 feet west of the intersection of T-585 with T-576 in North Towanda Township, Bradford County. The project will not impact wetlands while impacting approximately 25 feet of waterway and 0.01 acre of floodway. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E17-382. Dominion Transmission, Inc., 445 West Main Street, Clarksburg, WV 263012. Dominion LN-50 Gas transmission line, Brady, Goshen, Huston, Lawrence and Union Townships, Clearfield County, ACOE Baltimore and Pittsburgh District (DuBois, PA Quadrangle N: 1.2 inches; W: 6.1 inches).

   To operate and maintain an existing 30-inch diameter pipeline over 29 miles within an existing 75-foot right-of-way for the transmission of natural gas. Replacement or maintenance of the 30-inch diameter pipeline may require 28 stream crossings as follows:

Stream Stream Classification Latitude Longitude
Beaver Run HQ-CWF 41° 00` 25" 78° 47` 39"
UNT to Beaver Run HQ-CWF 41° 00` 58" 78° 47` 01"
UNT to East Branch, Mahoning HQ-CWF 41° 01` 44" 78° 46` 17"
UNT to East Branch, Mahoning HQ-CWF 41° 01` 58" 78° 46` 01"
Stump Creek CWF 41° 02` 30" 78° 45` 42"
Limestone Run CWF 41° 03` 24" 78° 45` 3"
Limestone Run CWF 41° 03` 26" 78° 44` 48"
Limestone Run CWF 41° 03` 26" 78° 44` 43"
Limestone Run CWF 41° 03` 27" 78° 44` 37"
Limestone Run CWF 41° 03` 26" 78° 44` 01"
UNT to Luthersburg Branch CWF 41° 03` 44" 78° 43` 29"
Luthersburg Branch CWF 41° 03` 47" 78° 43` 25"
UNT to Luthersburg Branch CWF 41° 04` 08" 78° 42` 59"
UNT to Luthersburg Branch CWF 41° 04` 36" 78° 42` 28"
Sugarcamp Run CWF 41° 05` 04" 78° 41` 37"
Laborde Branch CWF 41° 05` 58" 78° 40` 03"
Dressler Run HQ-CWF 41° 06` 38" 78° 39` 04"
UNT to South Branch, Bennetts Branch HQ-CWF 41° 08` 15" 78° 37` 01"
UNT to Laurel Run HQ-CWF 41° 09` 52" 78° 32` 20"
Laurel Run HQ-CWF 41° 09` 54" 78° 32` 15"
UNT to Laurel Run HQ-CWF 41° 10` 20" 78° 31` 10"
Pray Run HQ-CWF 41° 10` 42" 78° 30` 36"
Little Laurel Run HQ-CWF 41° 11` 08" 78° 29` 52"
Saunders Run HQ-CWF 41° 11` 55" 78° 28` 04"
Little Medix Run HQ-CWF 41° 12` 51" 78° 25` 45"
Medix Run HQ-CWF 41° 13` 21" 78° 24` 23"
UNT to Jack Dent Branch HQ-CWF 41° 13` 58" 78° 22` 59"
UNT to Jack Dent Branch HQ-CWF 41° 14` 15" 78° 22` 13"

   All gas transmission lines shall be replaced beneath streambeds so there will be a minimum of 3 feet of cover between the top of the pipe and the lowest point in the streambed. Trench plugs or clay dikes shall be used at every waterway and wetland crossing to ensure the existing hydrology is not altered. If upon investigation the Department determines the gas transmission line approved by this permit is serving to degrade water quality, stream profile, meander pattern or channel geometries, then the permittee shall be required to implement all measures necessary to mitigate the degradation. This permit also authorizes the crossing of any wetland that may occur along the 29-mile pipeline right-of-way; during replacement and maintenance operations, the permittee shall take all precautions necessary to ensure that wetland impacts along the right-of-way are temporary. Since Beaver Run, Jack Dents Branch and tributaries thereof are wild trout fisheries, no pipeline maintenance work shall be conducted in or along a wild trout stream or its tributaries between October 1 and December 31 without prior written permission of the Fish and Boat Commission. LN-50 pipeline is in Brady, Goshen, Huston, Lawrence and Union Townships, Clearfield County.

   E18-357. Noyes Township Supervisors, HCR 62 Box 218B, West Renovo, PA 17764. T-314 over Drury Run bridge rehabilitation in Noyes Township, Clinton County, ACOE Susquehanna River Basin District (Renovo West, PA Quadrangle N: 7.56 inches; W: 8.13 inches).

   To place class A cement concrete under the downstream apron and wingwalls as well as place R-7 and R-4 rock at the outlet of the bridge along T-314 Gratzmar Road in Noyes Township, Clinton County. The project does not propose to affect the hydraulic opening of the bridge. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E60-159. Joseph S. and Janet M. Cogley, 687 Federal Street, Paris, VA 20130. Novoka in Lewis Township, Union County, ACOE Baltimore District (Mifflinburg, PA Quadrangle N: 15.5 inches; W: 15.3 inches).

   To:  (1) maintain an existing 36-inch diameter by 19-foot long corrugated metal pipe culvert; and (2) construct and maintain a 69-foot by 50-foot single story private residence in the left floodway of a side channel to the North Branch of Buffalo Creek with an average buffer between the elevated patio and the left creek bank of 14-foot 8-inches (Mifflinburg, PA Quadrangle N: 15.5 inches; W: 15.3 inches) in Lewis Township, Snyder County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.


SPECIAL NOTICES

Requests for Certification under section 401 of the Federal Water Pollution Control Act

   The following requests have been made to the Department of Environmental Protection (Department) for certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 341(a)), that there is reasonable assurance that the construction herein described will not violate applicable Federal and State water quality standards.

   Prior to final approval of the proposed certification, consideration will be given to any comments/suggestions/objections which are submitted in writing within 30 days of the date of this notice. Comments should be submitted to the Department at the address indicated before request for certification. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments/objections are addressed and a concise statement of comments/objections/suggestions in sufficient detail to inform the Department of the exact basis of the proposal and the relevant facts upon which it is based. The Department may conduct a fact-finding hearing or an informal conference in response to any given comments if deemed necessary to resolve conflicts. Individuals will be notified in writing of the time and place of a scheduled hearing or conference concerning the certification request to which the protest relates. Maps, drawings and other data pertinent to the certification request are available for inspection and review at the address indicated before the request for certification between 8 a.m. and 4 p.m., working days.

   Southeast Regional Office, Regional Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428-2233, (610) 832-6130.

Certification Request Initiated By: Weston Solutions, Inc.
1400 Weston Way
West Chester, PA 19380
Project Description/Location: This activity involves the discharge of supernatant from the USACE Fort Mifflin Confined Disposal Facility (CDF) into the Delaware Estuary--Zone 4. The supernatant will be generated through the disposal of approximately 4,300 cubic yards of sediment dredged from the Sunoco, Inc. (R & M) Girard Point Wharf facility at the Philadelphia Refinery in Philadelphia. A hydraulic dredge and pipeline will be used to move the sediment directly to the CDF.
[Pa.B. Doc. No. 03-1898. Filed for public inspection September 26, 2003, 9:00 a.m.]



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