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PA Bulletin, Doc. No. 04-23d

[34 Pa.B. 69]

[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.

   03841305. NPDES Permit No. PA0002275, Keystone Coal Mining Corporation, P. O. Box 219, Shelocta, PA 15774, to revise the permit for the Emilie Mine in Plumcreek and Southbend Townships and Elderton Borough, Armstrong County to install a coal slurry pipeline to three new injection boreholes, Surface Acres Proposed 10.8, no additional discharges. Permit issued December 11, 2003.

   03971301. NPDES Permit No. PA0215091, DLR Mining, Inc., 3065 Airport Road, Indiana, PA 15701, to renew the permit for the Ridge Mine in South Bend Township, Armstrong County and Young Township, Indiana County and the existing NPDES Permit, no additional discharges. Permit issued December 16, 2003.

   32011302. NPDES Permit No. PA0235521, Laurel Energy, LP, One Energy Place, Suite 7500, Latrobe, PA 15650, to operate the Gillhouser Run Mine in Buffington and Brush Valley Townships, Indiana County and related NPDES permit, Surface Acres Proposed 43.0, Underground Acres Proposed 1880, SCP Acres Proposed 1360, Receiving Stream: Little Yellow Creek (HQ-CWF). The first downstream potable water supply intake from the point of discharge is Central Indiana Water Authority. Permit issued December 16, 2003.

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

   37930305. G. L. McKnight, Inc. (P. O. Box 773, Slippery Rock, PA 16057). Renewal of NPDES Permit No. PA0211745, Plain Grove Township, Lawrence County. Receiving streams: unnamed tributaries to Taylor Run and Taylor Run. Application received October 23, 2003. Permit issued December 12, 2003.

   33020104 and NPDES Permit No. PA0242161. AMFIRE Mining Company, LLC (One Energy Place, Latrobe, PA 15650). Commencement, operation and restoration of a bituminous strip and auger operation in Snyder Township, Jefferson County affecting 207.4 acres. Receiving streams: Walburn Run. Original application from Laurel Energy, Inc. received August 23, 2002. Transfer application received March 11, 2003. Permit issued December 17, 2003.

   11536-33020104-E-1. AMFIRE Mining Company, LLC (One Energy Place, Latrobe, PA 15650). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributary A to Walburn Run in Snyder Township, Jefferson County. Receiving stream: Walburn Run. Original application from Laurel Energy, Inc. received August 23, 2002. Transfer application received March 11, 2003. Permit issued December 17, 2003.

   11536-33020104-E-2. AMFIRE Mining Company, LLC (One Energy Place, Latrobe, PA 15650). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributary A to Walburn Run in Snyder Township, Jefferson County. Receiving stream: Walburn Run. Original application from Laurel Energy, Inc. received August 23, 2002. Transfer application received March 11, 2003. Permit issued December 17, 2003.

   11536-33020104-E-3. AMFIRE Mining Company, LLC (One Energy Place, Latrobe, PA 15650). Application for a stream encroachment to conduct mining activities within 100 feet East Branch Walburn Run in Snyder Township, Jefferson County. Receiving stream: Walburn Run. Original application from Laurel Energy, Inc. received August 23, 2002. Transfer application received March 11, 2003. Permit issued December 17, 2003.

   11536-33020104-E-4. AMFIRE Mining Company, LLC (One Energy Place, Latrobe, PA 15650). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributaries H and J to Walburn Run in Snyder Township, Jefferson County. Receiving stream: Walburn Run. Original application from Laurel Energy, Inc. received August 23, 2002. Transfer application received March 11, 2003. Permit issued December 17, 2003.

   11536-33020104-E-5. AMFIRE Mining Company, LLC (One Energy Place, Latrobe, PA 15650). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributary I to West Branch Walburn Run in Snyder Township, Jefferson County. Receiving stream: Walburn Run. Original application from Laurel Energy, Inc. received August 23, 2002. Transfer application received March 11, 2003. Permit issued December 17, 2003.

   33960109 and NPDES Permit No. PA0227331. TDK Coal Sales, Inc. (P. O. Box 259, Brockway, PA 15824). Revision to an existing surface mining permit to change the post-mining land use from forestland to pastureland on the Terry D. Monks property in Union Township, Jefferson County. Receiving streams: unnamed tributary to Little Mill Creek. Application received August 18, 2003. Permit issued December 15, 2003.

   33930111 and NPDES Permit No. PA0211869. Falls Creek Energy Co., Inc. (R. R. 6, Box 271, Kittanning, PA 16201). Renewal of an existing bituminous strip and auger operation in Young, Bell and McCalmont Townships, Jefferson County affecting 213.4 acres. This renewal of issued for reclamation only. Receiving streams: unnamed tributaries to Elk Run. Application received October 24, 2003. Permit issued December 15, 2003.

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

   56930106 and NPDES Permit No. PA0212458. Future Industries, Inc., P. O. Box 157, Meyersdale, PA 15552, permit renewal for reclamation only and for continued restoration of a bituminous surface mine in Black Township, Somerset County, affecting 192.2 acres. Receiving streams: unnamed tributaries to/and Casselman River (WWF). There are no potable water supply intakes within 10 miles downstream. Application received October 10, 2003. Permit issued December 12, 2003.

   56980109. Mountaineer Mining Corporation, 1010 Garrett Shortcut Road, Berlin, PA 15530, permit renewal/revision for continued operation of a bituminous surface mine and to add 2.4 acres to the permit boundary to remove coal from beneath T-864. Total SMP acres goes from 33.1 acres to 35.5 acres in Brothersvalley Township, Somerset County. Receiving streams: unnamed tributaries to/and Hays Run and unnamed tributaries to/and Buffalo Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received September 24, 2003. Permit issued December 11, 2003.

   32930104 and NPDES Permit No. PA0212598. P & N Coal Company, Inc., P. O. Box 332, Punxsutawney, PA 15767, permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine in East Mahoning Township, Indiana County, affecting 326.0 acres. Receiving streams: unnamed tributaries of Rayne Run, Rayne Run and Dixon Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received September 24, 2003. Permit issued December 12, 2003.

   56813005 and NPDES Permit No. PA0605697. Sanner Energies, Inc., 1117 Shaw Mines Road, Meyersdale, PA 15552-7228, permit renewal for continued operation of a bituminous surface and auger mine in Southampton Township, Somerset County, affecting 377.0 acres. Receiving streams: unnamed tributary to North Branch of Jennings Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received June 3, 2003. Permit issued December 12, 2003.

   56930110 and NPDES Permit No. PA0212610. Future Industries, Inc., P. O. Box 157, Meyersdale, PA 15552, permit renewal for continued operation of bituminous surface mine in Black Township, Somerset County, affecting 129.0 acres. Receiving streams: unnamed tributaries to Rhoades Creek (WWF); Rhoades Creek (WWF); unnamed tributary to Iser Run (EV); and unnamed tributary to Casselman River (CWF). There are no potable water supply intakes within 10 miles downstream. Application received October 21, 2003. Permit issued December 17, 2003.

   56673058 and NPDES Permit No. PA0606227. Windber High Standard Coal Company, 1210 Graham Avenue, Windber, PA 15963, permit renewal for reclamation only and for continued restoration of a bituminous surface mine in Paint Township, Somerset County, affecting 553.0 acres. Receiving streams: unnamed tributaries to Spruce Creek; unnamed tributaries to Paint Creek, unnamed tributary to Weaver Run; and unnamed tributary to Stony Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received September 24, 2003. Permit issued December 17, 2003.

   32980109 and NPDES Permit No. PA0234851. Amerikohl Mining, Inc., 202 Sunset Drive, Butler, PA 16001, permit renewal for reclamation only and for continued restoration of a bituminous and beneficial use of CFB flyash mine in Center Township, Indiana County, affecting 316.0 acres. Receiving streams: three unnamed tributaries to Two Lick Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received November 13, 2003. Permit issued December 17, 2003.

   11830102 and NPDES Permit No. PA0607550. M. B. Energy, Inc., 175 McKnight Road, Blairsville, PA 15717, permit renewal for reclamation only and for continued restoration of a bituminous surface mine in Lower Yoder Township, Cambria County, affecting 166.3 acres. Receiving streams: unnamed tributary to St. Clair Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received November 12, 2003. Permit issued December 17, 2003.

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

   03020109 and NPDES Permit No. PA0250228. Thomas J. Smith, Inc. (R. D. 1, Box 260D, Shelocta, PA 15774). Permit issued for commencement, operation and reclamation of a bituminous surface mining site in Plumcreek Township, Armstrong County, affecting 181 acres. Receiving streams: unnamed tributary to Cherry Run and Cherry Run to Crooked Creek. Application received August 12, 2002. Permit issued December 16, 2003.

   Moshannon District Mining Office: 186 Enterprise Drive, Phillipsburg, PA 16866 (814) 342-8200.

   17930112 and NPDES Permit No. PA0219533. Hepburnia Coal Company, P. O. Box I, Grampian, PA 16838. Renewal of an existing bituminous surface mine-auger permit in Jordan Township, Clearfield County affecting 68.5 acres. Receiving streams: unnamed tributary no. 1. Application received August 12, 2003. Permit issued November 10, 2003.

   17793123 and NPDES Permit No. PA0089603. Strishock Coal Company, 220 Hillcrest Drive, DuBois, PA 15801. Renewal of an existing bituminous surface mine-auger permit in Union and Brady Townships, Clearfield County affecting 102.8 acres. Receiving streams: Sugar Camp Run to Luthersburg Branch and Laborde Branch to Sandy Lick Creek to Redbank Creek to Allegheny River. Application received August 6, 2003. Permit issued November 10, 2003.

   17030104 and NPDES Permit No. PA0243451. E. P. Bender Coal Company, Inc., P. O. Box 594, Carrolltown, PA 15722. Commencement, operation and restoration of a bituminous surface mine-auger permit in Beccaria Township, Clearfield County affecting 220 acres. Receiving streams: Snyder Run and unnamed tributaries to Clearfield Creek. Application received February 27, 2003. Permit issued November 10, 2003.

Noncoal Permit Actions

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

   73737SM1C2 and NPDES Permit No. PA0595683. Haines & Kibblehouse, Inc. (2052 Lucon Road, P. O. Box 196, Skippack, PA 19474), renewal of NPDES Permit for treated mine drainage in Penn Forest Township, Carbon County. Receiving streams: Stony Creek. Application received October 29, 2003. Renewal issued December 15, 2003.

   8073SM1C6. Highway Materials, Inc. (1750 Walton Road, Blue Bell, PA 19422), depth correction for an existing quarry operation in Marlborough Township, Montgomery County, affecting 74.9 acres. Receiving streams: Unami Creek. Application received March 12, 2002. Correction issued December 17, 2003.

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

   24030804. Park Excavating & Welding, Inc. (142 Siecker Road, St. Marys, PA 15857). Commencement, operation and restoration of a small noncoal sand and gravel operation in City of St. Marys, Elk County, affecting 3.0 acres. Receiving streams: Elk Creek. Application received July 28, 2003. Permit issued December 15, 2003.

   10020306 and NPDES Permit No. PA0242250. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201). Commencement, operation and restoration of a shale and sandstone operation in Worth Township, Butler County, affecting 241.2 acres. Receiving streams: two unnamed tributaries to Slippery Rock Creek. Application received November 4, 2002. Permit issued December 16, 2003.

   1270-10020306-E-1. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributary no. 2 to Slippery Rock Creek and replace the stream section with a permanent pond in Worth Township, Butler County. Receiving streams: two unnamed tributaries to Slippery Rock Creek. Application received November 4, 2002. Permit issued December 16, 2003.

   10010310 and NPDES Permit No. PA0241962. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201). Commencement, operation and restoration of a limestone operation in Mercer and Pine Townships, Butler and Mercer Counties, affecting 253.8 acres. Receiving streams: unnamed tributary to Swamp Run. Application received August 7, 2001. Permit issued December 15, 2003.

   1270-10010310-E-1. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributaries to Swamp Run in Mercer and Pine Townships, Butler and Mercer Counties. This variance includes plans to mine through and reconstruct all four tributaries and construct wetland construction mitigation structures. Receiving streams: unnamed tributary to Swamp Run. Application received August 7, 2001. Permit issued December 15, 2003.

   20031007. Horizon Construction Group, Inc. (P. O. Box 267, Sandy Lake, PA 16145). Authorization to extract noncoal (industrial minerals) in Hayfield Township, Crawford County, to supply fill material for the Home Depot site. Receiving streams: unnamed tributary to Cussewago Creek. Application received August 21, 2003. Permit issued December 12, 2003.

   Moshannon District Mining Office: 186 Enterprise Drive, Phillipsburg, PA 16866 (814) 342-8200.

   08020815. Kenneth Shedden (R. R. 1, Box 99F, Leraysville, PA 18829). Commencement, operation and restoration of a small industrial minerals (Bluestone) permit in Orwell Township, Bradford County, affecting 3.0 acres. This permit authorizes a variance to conduct surface mining activities within 100 feet of Johnson Creek, Orwell Township, Bradford County, approximately 4,000 feet downstream from the bridge at Wells Hollow. Receiving streams: Johnson Creek, tributary to Wysox Creek. Application received December 23, 2002. Permit issued December 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.

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

   56034009. Geophysical Applications, 113 East Chemung Place, Elmira, NY 14904. Blasting activity permit issued for a seismic exploration project in Black and Summit Townships, Somerset County. Expected duration of blasting is 90 days. Permit issued December 11, 2003.

   56034010. Geophysical Applications, 113 East Chemung Place, Elmira, NY 15904. Blasting activity permit issued for a seismic exploration project in Brothersvalley, Summit and Stonycreek Townships, Somerset County. Expected duration of blasting is 90 days. Permit issued December 11, 2003.

   56034011. Geophysical Applications, 113 East Chemung Place, Elmira, NY 14904. Blasting activity permit issued for a seismic exploration project in Jefferson and Lincoln Townships, Somerset County. Expected duration of blasting is 90 days. Permit issued December 11, 2003.

   56034008. Geophysical Applications, 113 East Chemung Place, Elmira, NY 14904. Blasting activity permit issued for seismic exploration project in Brothersvalley and Summit Townships, Somerset County. Expected duration of blasting is 90 days. Permit issued December 11, 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

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

   E09-860. Westrum Land Development, LLC, 370 Commerce Drive, Suite 100, Fort Washington, PA 19034, New Britain Township, Bucks County, ACOE Philadelphia District.

   To perform the following activities in and along an unnamed tributary of Mill Creek (TSF-MF) watershed associated with the proposed 87-lot single-family dwelling residential subdivision on a 45.88-acre tract of land known as the Hopkins Tract. The project will impact 180 linear feet of watercourse, 0.18 acre of reservoir (POW) and 0.03 acre of wetland. The site is approximately 300 feet northwest of the intersection of School House Road and Upper State Road (Doylestown, PA USGS Quadrangle N:  3.1 inches; W:  11.5 inches).

   Work will consist of:

   1.  An Environmental Assessment approval for impacts associated with the removal of an existing on-stream nonjurisdictional dam and to reconstruct, operate and maintain, in its place, an on-stream nonjurisdictional dam for stormwater management purposes.

   2.  To modify an existing on-stream 0.18-acre reservoir (POW) associated with the dam noted in item 1 by deepening, filling and enlarging the body of water.

   3.  To relocate 180 linear feet of the unnamed intermittent tributary to Mill Creek (TSF-MF); to construct and maintain approximately 40 linear feet of new channel and to enclose approximately 130 linear feet of stream. The enclosure starts at catch basin CB-32 continues through 85 linear feet of 30-inch RCP to Catch Basin CB-47, continues through 40 linear feet of 42-inch RCP and then rejoins the modified reservoir noted in item 2 at endwall EW-02 and is associated with the proposed Road B. Work also includes installation and maintenance of the 8-inch PVC sanitary sewer line and 8-inch TDIP water main crossings beneath the proposed enclosure.

   4.  To place fill in the abandoned channel relocated in item 3 and place fill in 0.03 acre of adjacent wetlands (PEM).

   5.  To remove a 24-inch RCP culvert which conveys an unnamed tributary of Mill Creek under Upper State Road and to construct, in its palace, a culvert starting at manhole MH-OFF1 associated with the dam noted in item 1 continuing through 20 linear feet of 24-inch by 60-inch box culvert to catch basin CB-OFF1, continuing through 28 linear feet of 24-inch by 60 box culvert to endwall EW-04.

   6.  To construct and maintain three complete span pedestrian bridge crossings of an unnamed intermittent tributary of Mill Creek associated with the proposed walking trail.

   The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.

   E09-858. Township of Middletown, 3 Municipal Way, Langhorne, PA 19047, Middletown, Township, Bucks County, ACOE Philadelphia District.

   To remove an existing nonhandicap accessible pedestrian bridge and to construct and maintain, in its place, a handicap accessible bridge across Queen Anne Creek (WWF). The project involves the removal of the existing 45.5-foot long by 8-foot wide bridge. The proposed bridge is 45.0 feet long by 8.0 feet wide single span without any supports to stream bottom and 6-foot long concrete approach slab at both ends. The replacement is for aesthetic and ADA accessibility reasons. The site is about 200 feet southeast of intersection of Towns Road and Twin Oak Drive (Trenton West, NJ-PA USGS Quadrangle N:  8.3 inches W:  17.4 inches).

   E09-861. Township of Falls, 188 Lincoln Highway, Suite 100, Fairless Hills, PA 19030, Falls Township, Bucks County, ACOE Philadelphia District. To perform the following activities associated with a proposed township trail in Falls Township, Bucks County:

   1.  To construct and maintain an 8-foot wide single span pedestrian bridge across Martins Creek (WWF). The proposed bridge will have a clear span of approximately 55.0 feet and an underclearance of approximately 6.0 feet. This work also includes construction of a temporary cofferdam. The site is approximately 400 feet east of the intersection of Penn Valley Road and Pine Grove Road (SR 0013) (Trenton West, NJ-PA, USGS Quadrangle N: 8.4 inches; W: 8.6 inches).

   2.  To construct and maintain a 4-foot wide trail over Delaware Canal utilizing the existing culvert along Wheat Sheaf Lane. The site is approximately 500 feet northwest of the intersection of Wheat Sheaf Road and Bristol Pike (SR 0013) (Trenton West, NJ-PA, USGS Quadrangle N: 7.1 inches; W: 7.1 inches).

   E46-937. Upper Gwynedd Township, Parkside Place, P. O. Box 1, West Point, PA 19486, Upper Gwynedd Township, Montgomery County, ACOE Philadelphia District.

   To relocate, construct and maintain an approximately 1,300 linear-foot section of Moyer Boulevard approximately 700 feet northeast of an existing intersection with West Point Pike. The limit of this work will begin (Lansdale, PA Quadrangle N:  15.2 inches: W:  6.5 inches) and will end (Lansdale, PA Quadrangle N:14.5 inches, W:6.41 inches). The alignment of the relocated roadway will affect a total of 534 linear feet of two unnamed tributaries of Wissahickon Creek (TSF). The project includes a mitigation proposal, consisting of stabilization and riparian restoration along 900 feet of Wissahickon Creek. The stream segment is north of Township Line Road and west of Swedesford Road in Upper Gwynedd Township, Montgomery County.

   Work will consist of the following activities:

   1.  To extend and maintain an existing 80-foot long by 36-inch diameter pipe in the tributary beneath Moyer Boulevard. The existing pipe will be extended 190 feet downstream with a 34-inch by 53-inch elliptical reinforced concrete pipe. The connection between the existing and proposed pipes will be made with the installation of a concrete inlet at the outfall of the exiting pipe. A concrete end wall will be installed at the outfall of the proposed pipe and 65 linear feet of stream channel will be protected with Class R-5 Rock rip-rap.

   2.  To install and maintain 128 linear feet of 48-inch by 76-inch elliptical reinforced concrete pipe in the tributary beneath the proposed relocated road. Concrete end walls will be installed on each end of the proposed pipe and approximately 10 linear feet of stream channel will be protected with Class R-5 rip-rap both upstream and downstream of the end walls. This pipe will be installed between Construction Stations 19+43 and 20+33.

   3.  To extend and maintain an existing 125-foot long culvert consisting of twin 33-inch diameter pipes in the tributary beneath West Point Pike. The existing twin pipes will be extended 26 feet downstream by twin 36-inch diameter reinforced concrete pipes.

   The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.

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

   E40-625. Pizza Perfect, 16 Carverton Road, Trucksville, PA 18708. Kingston Township, Luzerne County, Army Corps of Engineers Baltimore District.

   To remove an existing section of retaining wall and stormwater outfall and to construct and maintain approximately 70 linear feet of concrete retaining wall and a 12-inch CMP stormwater outfall along the left bank of a tributary to Toby Creek (CWF) for the purpose of stream bank stabilization. The wall height is approximately 15 feet relative to the streambed. The project is behind the Pizza Perfect building at the northeast corner of the intersection of SR 0309 and SR 1036 (Carverton Road) (Kingston, PA Quadrangle N:  9.6 inches; W:  7.6 inches) (Subbasin: 5B).

   E64-243. Wayne Memorial Hospital, West and Park Streets, Honesdale, PA 18431. Honesdale Borough, Wayne County, Army Corps of Engineers Philadelphia District.

   To construct and maintain a single-span prefabricated steel truss pedestrian bridge, having a span of 140 feet and an underclearance of approximately 17.5 feet, across West Branch Lackawaxen River (HQ-CWF). The bridge will provide access to a parking area on the south side of the river. The project is south of the intersection of SR 6 (Park Street) and West Street (Honesdale, PA Quadrangle N: 13.7 inches; W: 1.3 inches) (Subbasin: 1B).

   E45-450. Adams Outdoor Advertising, R. R. 5, Box 5197, East Stroudsburg, PA 18301. Hamilton Township, Monroe County, Army Corps of Engineers Philadelphia District, Subbasin 1-E.

   To maintain a ford in McMichael Creek (HQ-CWF, perennial) for the purpose of providing access to commercial billboards. The project is along SR 0033 and SR 0209, approximately 0.6 mile northeast of the intersection with SR 2010 (Saylorsburg, PA Quadrangle N: 14.6 inches; W: 4.8 inches). The project directly affects 11 linear feet of stream channel.

   E48-337. Lower Saucon Township, 3700 Old Philadelphia Pike, Bethlehem, PA 18015. Lower Saucon Township, Northampton County, Army Corps of Engineers Philadelphia District, Subbasin 2-C.

   To repair and maintain an existing two-span cast iron pony truss pedestrian bridge having spans of approxi-mately 52 feet and a minimum underclearance of approximately 8 feet across Saucon Creek (CWF, perennial). The proposed work consists of structural upgrades to the superstructure and rehabilitation of the concrete and stone center pier, including the temporary installation of a cofferdam to dewater the work area. The bridge, known as County Bridge No. 16, is northeast of the intersection of Old Mill Road and Reading Road (Hellertown, PA Quadrangle N:  11.1 inches; W:  13.7 inches). The project proposes to directly affect 25 linear feet of stream channel and temporarily affect 90 linear feet of stream channel with a cofferdam.

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

   E41-530. Randy Baker, 3181 Northway Road, Williamsport, PA 17701. Water Obstruction and Encroachment Permit in Loyalsock Township, Lycoming County, ACOE Susquehanna River Basin District (Montoursville North, PA Quadrangle N: 7.98 inches; W: 14.12 inches).

   To remove an existing bridge and construct and maintain a single span steel I-beam bridge having a clear span of 20.0 feet and a minimum clearance of 3.0 feet over Miller's Run, 3.0 miles north of the Williamsport along Northway Road. This project proposes to have a minimal impact on Miller's Run (WWF) and does not propose to impact any adjacent jurisdictional wetlands. This permit was issued under section 105.13(e) ''Small Projects.''

   Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   E20-531, Crawford County Commissioners, 903 Diamond Park, Meadville, PA 16335. T-869 Blakeslee Road Across East Branch Oil Creek in Sparta Township, Crawford County, ACOE Pittsburgh District (Spartansburg, PA Quadrangle N: 10.8 inches; W: 8.9 inches).

   To remove the existing bridge and to construct and maintain a prestressed concrete spread box beam bridge having a normal span of 45 feet and an underclearance of 7 feet on a 77 degree skew across East Branch Oil Creek (CWF) and impacting a de minimis area of adjoining wetland (0.037 acre) on T-869 Blakeslee Road approximately 0.6 mile east of the intersection of SR 77 and SR 89 south of Spartansburg.

   E25-674, Erie-Western Pennsylvania Port Authority, 208 East Bayfront Parkway, Suite 201, Erie, PA 16507. East and West Canal Basin, Presque Isle Bay, Lake Erie Dock Modifications in City of Erie, Erie County, ACOE Pittsburgh District.

   To conduct the following activities within the East and West Canal Basins, Presque Isle Bay, Lake Erie:

   1.  Construct a 52-foot long floating extension and maintain the existing Wolverine Park Marina Pier 2 dock in the West Canal Basin.

   2.  Remove three existing finger piers and construct and maintain floating header dock and finger piers along the east side of State Street in the East Canal Basin.

   E25-679, Department of Transportation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301. SR 1008, Segment 0080, Offset 1458 across tributary to Twelvemile Creek in North East Township, Erie County, ACOE Pittsburgh District (Harborcreek, PA Quadrangle N: 9.3 inches; W: 15.65 inches).

   To remove the existing structure and to construct and maintain a precast concrete arch bridge having a clear span of 24 feet and a maximum rise of 11 feet across a tributary to Twelvemile Creek on SR 1008, Segment 0080, Offset 1458 approximately 0.6 mile east of SR 1006.

   E37-145, Pulaski Township Municipal Authority, R. D. 1 Box 1043, Pulaski, PA 16143. Pulaski Sewage Collection and Treatment System in Pulaski Township, Lawrence County, ACOE Pittsburgh District.

   To conduct the following activities associated with the construction of sewage collection and treatment system servicing New Bedford, Pine Glenn, Frizzleburg and the Village of Pulaski in Pulaski Township, Lawrence County:

   1.  Construct and maintain an outfall and endwall along the left (east) bank of the Shenango River from the Pulaski Wastewater Treatment Plant approximately 900 feet upstream of the SR 208 bridge.

   2.  Construct and maintain an outfall and endwall along the right (south) bank of Deer Creek from the New Bedford Wastewater Treatment Plant approximately 950 feet downstream of Valley View Road.

   3.  Construct and maintain the New Bedford Wastewater Treatment Plant partially within the 100-year flood plan of Deer Creek and impacting 0.076 acre of wetland approximately 700 feet east of Valley View Road south of Deer Creek.

   4.  Fill 0.0592 acre of wetland for an access roadway to the Pulaski Wastewater Treatment Plant.

   5.  Fill 0.0394 acre of wetland for access to a pump station in the Frizzleburg Service Area south of Maple Lane.

   6.  Construct and maintain sanitary sewer gravity lines and force mains across 15 wetland areas totaling 0.81 acre of temporary impact. Of these impacts, two are within the Pulaski Service Area, one is within the Frizzleburg Service Area, seven are within the Pine Glenn Service Area and four are within the New Bedford Service Area.

   7.  Construct and maintain a sanitary sewer force main across the Shenango River approximately 470 feet downstream of the SR 208 bridge.

   8.  Construct and maintain four sanitary sewer line crossings of tributaries to the Shenango River in the Frizzleburg Service Area.

   9.  Construct and maintain a sanitary sewer line crossing Deer Creek two times in the New Bedford service, one approximately 800 feet east of Valley View Road and another approximately 200 feet west of Valley View Road.

   10.  Construct and maintain 23 sanitary sewer line crossings of tributaries to Deer Creek, of which 12 are within the Pine Glenn Service Area and 11 are within the New Bedford Service Area.

   Project includes contribution to the Pennsylvania Wetland Replacement Fund for replacement of a total of 0.175 acre of permanent wetland impact.

   E37-148, City of New Castle, 230 North Jefferson Street, New Castle, PA 16101, West Bank Interceptor Relief Project in City of New Castle, Taylor and Union Townships, Lawrence County, ACOE Pittsburgh District.

   To construct and maintain the following associated with the West Bank Interceptor Relief Project improvements to the City of New Castle sewage collection system in the City of New Castle, Taylor and Union Townships, Lawrence County:

   1.  Install and maintain a 24-inch diameter stormwater outfall along the east bank of the Mahoning River approximately 500 upstream of the SR 108 bridge and upstream of the existing railroad bridge.

   2.  Install and maintain a 42-inch diameter sanitary sewer line across various tributaries to the Shenango River between Grant Street and the existing City of New Castle Wastewater Treatment Plant following the former Newcastle and Beaver Valley Railroad line along the west side of the Shenango River and South Wayne Street.

   E42-301, Hamlin Township, P. O. Box 23, Ludlow, PA 16333. T-315 Central Avenue across Twomile Run in Hamlin Township, McKean County, ACOE Pittsburgh District (Ludlow, PA Quadrangle N: 18.22 inches; W: 9.0 inches).

   To remove the existing bridge and to construct and maintain a precast concrete arch having a clear span of 32 feet and a maximum underclearance of 10 feet across Twomile Run (HQ-CWF) on T-315 Central Avenue approximately 175 feet south of SR 6 in the Village of Ludlow.

   E42-302, National Fuel Gas Supply Corporation, P. O. Box 2081, Erie, PA 16512-1720. C-2 Natural Gas Pipeline Across Kinzua Creek in Hamilton Township, McKean County, ACOE Pittsburgh District (Westline, PA Quadrangle N: 3.4 inches; W: 16.0 inches).

   To replace the C-2 natural gas pipeline using a 6-inch diameter PVC pipe installed by directional boring across Kinzua Creek approximately 0.6 mile upstream of SR 321.


SPECIAL NOTICES

Imposition of a Ban on Connections under
25 Pa. Code § 94.31

   Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   On December 16, 2003, the Department of Environmental Protection (Department) issued an Order to the Borough of Edinboro and to the Municipal Authority of the Borough of Edinboro imposing a ban on all connections to Edinboro's sewerage conveyance system. Under 25 Pa. Code § 94.33, no building permit which may result in a connection to the overloaded sewerage facilities or increase the load to those facilities through an existing connection shall be issued while the ban is in effect.

   On May 9, 2000, the Department issued an Administrative Order to the Borough of Edinboro and the Municipal Authority of the Borough of Edinboro finding that Edinboro's sewerage conveyance system is hydraulically overloaded. That order required, among other things, that Edinboro prohibit connections to its overloaded sewerage facilities and develop and submit to the Department a Corrective Action Plan in accordance with 25 Pa. Code § 94.21. On November 14, 2003, the Environmental Hearing Board upheld the Order and specifically held that Edinboro's sewerage conveyance system is hydraulically overloaded; 25 Pa. Code § 94.31 provides that the Department will impose a ban on connections whenever the Department determines that the sewerage facilities or any portion thereof are hydraulically overloaded and the permittee has failed to implement an approved Corrective Action Plan. Edinboro has failed to comply. Therefore on December 16, 2003, the Department issued the Ban Order.

Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Load (TMDL) for the Surveyor Run Watershed in Clearfield County

   The Department of Environmental Protection (Department) will hold a public meeting to discuss and accept comments on a proposed TMDL for the Surveyor Run Watershed in Clearfield County. The meeting will be held on February 19, 2004, at 6:30 p.m. at the Clearfield County Multiservice Center, Daisy Street, Clearfield. Individuals who plan to make a presentation at the public meeting should contact John Mital, Moshannon District Mining Office, (814) 342-8200 by 4 p.m. on Thursday, February 12, 2004. The Department will consider all comments in developing the final TMDL for the Surveyor Run Watershed, which will be submitted to the EPA for approval.

   The proposed TMDL for the Surveyor Run Watershed was established in accordance with the requirements of the Clean Water Act, section 303(d). Three stream segments in the Surveyor Run Watershed have been identified as impaired on the 1996, 1998 and 2002 Pennsylvania Section 303(d) list due to depressed pH and/or high concentrations of metals. The listed segments and miles degraded are as follows:

Stream Code Stream Name Miles Degraded
26030 (Segment 7164)Surveyor Run2.3
26030 (Segment 990819-1345-LMS)Surveyor Run, Little Surveyor Run4.0
26031 (Segment 990819-1345-LMS) Little Surveyor Run, Surveyor Run 4.0

   The proposed plan provides calculations of the stream's total capacity to accept metals (aluminum, iron, manganese and acidity), pH and maintain levels below water quality criteria. The applicable water quality criteria are as follows:

Parameter Criterion value
(mg/l)
Total
Recoverable/Dissolved
Aluminum 0.75 Total Recoverable
Iron 1.5   Total Recoverable
Manganese 1.00 Total Recoverable
pH 6.0--9.0 N/A

   The primary pollutant source for the watershed is abandoned mine workings. This watershed was heavily mined for coal in the late 19th through 20th centuries. The effects of this are still present.

   The proposed TMDL was developed using Monte Carlo Simulation to determine long-term average concentrations that each stream segment could accept and still meet water quality criteria 99% of the time. Monte Carlo Simulation allows for the expansion of a data set based on its statistical makeup. Since there was no critical flow condition where criteria were exceeded, the Department used the average flow to express the loading values in the proposed TMDL. The proposed TMDL for the Surveyor Run Watershed sets allowable loading rates for metals and acidity at specified points in the watershed. Field data collected over the past 2 years was used to establish the proposed TMDL for the Cats Run Watershed. The data and all supporting information used to develop the proposed TMDL are available from the Department.

   The Department will accept written comments on the proposed TMDL for the Surveyor Run Watershed. Written comments must be postmarked by March 3, 2004, and sent to John Mital, Geologic Specialist, Department of Environmental Protection, Moshannon District Mining Office, 186 Enterprise Road, Philipsburg, PA 16866, (814) 342-8200, jmital@state.pa.us.

   To request a copy of the proposed TMDL and associated information sheet or to obtain directions to the Clearfield County Multiservice Center, contact John Mital at the previous phone number or e-mail address.

   The proposed TMDL for the Surveyor Run Watershed can be accessed through the Department's website: www.dep.state.pa.us (DEP Keyword: TMDL). Persons with a disability who require accommodations to attend this meeting should contact the Department at (814) 472-1900 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.

[Pa.B. Doc. No. 04-23. Filed for public inspection January 2, 2004, 9:00 a.m.]



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