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PA Bulletin, Doc. No. 04-976c

[34 Pa.B. 2929]

[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).

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

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

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

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


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

   Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

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

   E13-066A. Gnaden Huetten Memorial Hospital, 211 North 12th Street, Lehighton, PA 18235. Lehighton Borough, Carbon County, Army Corps of Engineers Philadelphia District, Subbasin 2B.

   To amend Permit No. E13-066 to authorize the construction and maintenance of a 240-foot long stream enclosure extension consisting of twin 42-inch diameter smooth-lined corrugated polyethelene pipes in a tributary to Mahoning Creek, a perennial stream classified as a cold water fishery; to authorize the placement of fill in 0.08 acre of PEM wetlands adjacent to the tributary; and to authorize the construction and maintenance of a temporary road crossing consisting of a 36-inch diameter smooth-lined corrugated polyethelene pipe across the tributary. The purpose of the project is to expand the Gnaden Huetten Memorial Hospital's parking facilities.

   The project proposes to directly affect 240 linear foot of stream and 0.08 acre of wetland for the enclosure and parking lot, and temporarily affect 30 linear foot of stream and 0.01 acre of wetland for a temporary road crossing. Wetland creation of 0.12 acre of PEM wetlands is proposed to compensate for wetland and stream impacts.

   Permit No. E13-066 was issued to construct and maintain 110 feet of twin 42-inch diameter pipes and to place and maintain fill in 0.1 acre of wetlands.

   The project is located approximately 1.0 mile west of the intersection of SR 0209 and SR 0902 (Lehighton PA Quadrangle N:  15.3 inches; W:  14.2 inches) in Lehighton Borough, Carbon County.

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

   E36-777: High Industries, Inc., 1853 William Penn Way, Lancaster, PA 17605 in East Cocalico Township, Lancaster County, ACOE Baltimore District.

   To fill 0.07 acre of Paulstrine Emergent Wetland and to maintain two road crossings consisting of 36-inch HDPE within an UNT to Stony Run (WWF) for the purpose of expanding a storage yard located at a point approximately 400 feet northwest of the intersection of Kurtz Road and SR 272 (Terre Hill, PA Quadrangle N:  17.1 inches; W:  16.5 inches) in East Cocalico Township, Lancaster County. The permittee is required to provide a minimum of 0.07 acre of replacement wetlands.

   E07-373: Cindy D. Bigelow, R. D. 1 Box 188, Williamsburg, PA 16693 in Catherine Township, Blair County, ACOE Baltimore District.

   To maintain approximately 10 cubic yards of fill along the left floodway of Roaring Run (WWF) for the purpose of constructing a 40-foot by 100-foot equipment shed, located at a point (Spruce Creek, PA Quadrangle N:  4.75 inches; W:  10.3 inches) along Etna Furnace Road in Catherine Township, Blair County.

   Northcentral Region:  Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.

   E17-398. International Custom Products, Inc (ICP), Okalahoma-Salem Road, Dubois, PA 15801. Sanitary Sewer Line Installation in Sandy Township, Clearfield County, ACOE Baltimore District (Luthersburg, PA Quadrangle N:  19.25 inches; W:  15.50 inches).

   The applicant proposes to construct and maintain an estimated 4,800 feet of 3 inch diameter polyvinyl chloride sanitary sewer line. The sanitary sewer line would extend from the International Custom Products planned facility expansion site to an existing City of Dubois sanitary sewer manhole located on Hillcrest Avenue, approximately 275 feet West of Sixth Street. Placing the sewer line will affect 1426 linear feet of wetland due to boring of the sewer line below the wetlands, 0.21 acre of wetland for manhole connection, and 151 linear feet of stream by crossing an unnamed intermittent tributary of Reisinger Run. No mitigation is proposed because there are no permanent wetland or stream impacts projected.


SPECIAL NOTICES

Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Load (TMDL)
for UNT 09655 to Bow Creek in Dauphin County

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

   The Department of Environmental Protection (Department) will accept comments on the proposed TMDL developed for an unnamed tributary (UNT 09655) to Bow Creek in Dauphin County. The TMDL was established in accordance with the requirements of section 303(d) of the Clean Water Act. Pennsylvania's 1996 and 1998 section 303(d) lists included stream segments in the watershed. The listings of these segments were due to use impairments caused by nutrients.

   There currently are no State or Federal in-stream numerical water quality criteria for nutrients. Therefore, the Department utilized a reference watershed approach to implement the applicable narrative criteria. The proposed TMDL sets allowable loadings of phosphorus UNT 09655 Watershed. Total phosphorus was chosen as the TMDL endpoint for nutrient impairments due to it being the limiting nutrient in the watershed. The total phosphorus loading was allocated among all land use categories present in the watershed. Data used in establishing this TMDL were generated using a water quality analysis model (AVGWLF) designed by the Pennsylvania State University.

   The following table shows the estimated current total phosphorus loading for the UNT 09655 watershed. Overall load reductions necessary in order to meet the TMDL are also identified.

Summary of TMDL-Based Load Reductions in the UNT 09655 Watershed
Watershed Pollutant Existing Load
(lbs/yr)
TMDL
(lbs/yr)
Reduction
UNT 09655 Total Phosphorus 106.02 81.27 23%

   The data and all supporting documentation used to develop the proposed TMDL are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's website at www.dep.state.pa.us (PA Keyword: TMDL). To request a copy of this TMDL, contact: Travis Stoe at Water Supply and Wastewater Management, P. O. Box 8467, Harrisburg, PA 17105-8467 or tstoe@state.pa.us.

   The Department will consider all comments in developing the final TMDL, which will be submitted to EPA for approval. Written comments will be accepted at the above address and must be received close of business on July 6, 2004. A public meeting to discuss the technical merits of the TMDL will be held on June 24, 2004, at 7 p.m. in the East Hanover Township building in Grantville, PA.

Request for Comment and Notice of Public Meeting for Proposed TMDLs for Buffalo Creek in Union County

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

   The Department will accept comments on the proposed TMDL developed for Buffalo Creek in Union County. The TMDL was established in accordance with the requirements of section 303(d) of the Clean Water Act. Pennsylvania's 1996, 1998 and 2004 section 303(d) lists included Buffalo Creek as impaired by low pH due to acid deposition.

   Pennsylvania's water quality criteria, as described in 25 Pa. Code § 93.7, require the pH to be between 6.0 and 9.0. This TMDL will address pH by analyzing the balance between acidity and alkalinity. A two-step approach is used for the analysis of atmospheric deposition impaired waterbodies. The first step is a statistical method for determining the allowable instream concentration at the point of interest (sample location) necessary to meet water quality standards. The second step is a mass balance of the loads as they pass through the watershed.

   The following table shows the estimated current acidity loading for the sample locations within the watershed. Overall load reductions necessary in order to meet the TMDLs are also identified:

Summary of TMDL-Based Load Reductions in the Buffalo Creek Watershed

Sample Location
PollutantExisting Load
(lbs/yr)
TMDL
(lbs/day)
%
Reduction
River Mile Index 27.0 Acidity 111.4 3.7 97
River Mile Index 25.5 Acidity 174.9 14.8 78
River Mile Index 22.5 Acidity 342.5 35.8 80
River Mile Index 21.5 Acidity 273.9 46.7   0
River Mile Index 20.5 Acidity 112.1 85.5   0

   The data and all supporting documentation used to develop the proposed TMDL are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's web site at www.dep.state.pa.us (PA Keyword: TMDL). To request a copy of this TMDL or to submit written comments, contact Jeff Gocek (Department of Environmental Protection, Water Management Program, Permit Section, 208 West Third Street, Suite 101, Williamsport, PA 17701).

   The Department will consider all comments in developing the final TMDL, which will be submitted to EPA for approval. Written comments will be accepted at the above address and must be received close of business on July 6, 2004. A public meeting to discuss the technical merits of the TMDL will be held June 7, 2004, at 7 p.m. at the PSU Extension Office in Mifflinburg, PA.

Request for Comment and Notice of Public Meeting for the TMDLs for
Canonsburg Lake in Washington County

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

   The Department will accept comments on the proposed TMDL developed for the Canonsburg Lake in Washington County. The TMDL was established in accordance with the requirements of Section 303(d) of the Clean Water Act. Canonsburg Lake is included on Pennsylvania's 1996 and 1998 Section 303(d) lists.

   There currently are no State or Federal numerical water quality criteria for nutrients. Therefore, the Department utilized a chlorophyll-a endpoint to address the lake eutrophication problem. The proposed TMDL sets allowable loadings of phosphorus to the lake such that the chlorophyll-a endpoint is met in the lake. Phosphorus was chosen as the TMDL endpoint for nutrient impairments due to it being the limiting nutrient in the lake. The phosphorus loading were allocated among all land use categories present in the watershed. Data used in establishing these TMDLs were generated using a watershed loading model (AVGWLF) designed by the Pennsylvania State University and a lake model (BATHTUB) developed by the United States Army Corps of Engineers.

   The following table shows the estimated current phosphorus loading to Canonsburg Lake. Overall load reductions necessary in order to meet the TMDLs are also identified.

Summary of TMDL-Based Load Reductions in the [Watershed Name] Watershed

Watershed
Pollutant
Existing Load
(kgs/yr)
TMDL
(lbs/yr)
%
Reduction
Canonsburg Lake Phosphorus 7,424 3,884 48

   The data and all supporting documentation used to develop the proposed TMDL are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's website at www.dep.state.pa.us (PA Keyword: TMDL). To request a copy of this TMDL, contact: Lee McDonnell at P. O. Box 8467, Harrisburg, PA 17105-8467.

   The Department will consider all comments in developing the final TMDL, which will be submitted to EPA for approval. Written comments will be accepted at the above address and must be received close of business on July 6, 2004. A public meeting to discuss the technical merits of the TMDL will be held on June 22, 2004, at 6:30 p.m. at the Peter's Township Municipal Building.

Request for Comment and Notice of Public Meeting for the Proposed Total TMDLs for
Lake Jean in Luzerne and Sullivan Counties

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

   The Department of Environmental Protection will accept comments on the proposed TMDL developed for the Lake Jean in Sullivan and Luzerne Counties. The TMDL was established in accordance with the requirements of section 303(d) of the Clean Water Act. Pennsylvania's 1996, 1998 and 2004 section 303(d) lists included Lake Jean as impaired by low pH due to acid deposition.

   Pennsylvania's water quality criteria, as described in 25 Pa. Code § 93.7, require the pH to be between 6.0 and 9.0. This TMDL will address pH by analyzing the balance between acidity and alkalinity. A two-step approach is used for the analysis of atmospheric deposition impaired waterbodies. The first step is a statistical method for determining the allowable instream concentration at the point of interest (sample location) necessary to meet water quality standards. The second step is a mass balance of the loads as they pass through the watershed.

   The following table shows the estimated current acidity loading for the sample locations within the watershed. Overall load reductions necessary in order to meet the TMDLs are also identified:

Summary of TMDL-Based Load Reductions in the Lake Jean Watershed

Sample Location Pollutant Existing Load
(lbs/yr)
TMDL
(lbs/day)
%
Reduction
Ganoga Lake Tributary Acidity 140.6 4.1 97
Beaver Dam Tributary Acidity 33.5 4.3 87
Direct Drainage to Lake Acidity 184.0 10.9 94
Lake Outlet Acidity 194.0 34.2   0

   The data and all supporting documentation used to develop the proposed TMDL are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's website at www.dep.state.pa.us (PA Keyword: TMDL). To request a copy of this TMDL or to submit written comments, contact Jeff Gocek (Department of Environmental Protection, Water Management Program, Permit Section, 208 West Third Street, Suite 101, Williamsport, PA 17701).

   The Department will consider all comments in developing the final TMDL, which will be submitted to EPA for approval. Written comments will be accepted at the above address and must be postmarked by July 5, 2004. A public meeting to discuss the technical merits of the TMDL will be held on June 24, 2004, at 7 p.m. at the Ricketts Glen State Park office.

Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Loads (TMDLs)
for the Little Cedar Creek Watershed in Lehigh County

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

   The Department of Environmental Protection will accept comments on the proposed TMDL developed for the Little Cedar Creek in Lehigh County. The TMDL was established in accordance with the requirements of section 303(d) of the Clean Water Act. Pennsylvania's 1996 and 1998 section 303(d) lists included stream segments in the watershed. The listings of these segments were due to use impairments caused by urban runoff and storm sewers.

   There currently are no State or Federal in-stream numerical water quality criteria for sediment. Therefore, the Department utilized a reference watershed approach to implement the applicable narrative criteria. The proposed TMDL sets allowable loadings of sediment in the Little Cedar Creek Watershed. The sediment loading was allocated among all land use categories present in the watershed. Data used in establishing this TMDL was generated using a water quality analysis model (AVGWLF) designed by the Pennsylvania State University.

   The following table shows the estimated current sediment loading within the watershed. Overall load reductions necessary in order to meet the TMDL is also identified.

Summary of TMDL-Based Load Reductions in the Little Cedar Creek Watershed

Watershed Pollutant Existing Load
(lbs/yr)
TMDL
(lbs/yr)
%
Reduction
Little Cedar Creek Sediment 857 335 63

   The data and all supporting documentation used to develop the proposed TMDL are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's web site at www.dep.state.pa.us (PA Keyword: TMDL). To request a copy of this TMDL, contact: Raymond Kempa (570) 826-2310 at the PA DEP Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA, 18711-0790 or email rkempa@state.pa.us.

   The Department will consider all comments in developing the final TMDL, which will be submitted to EPA for approval. Written comments will be accepted at the above address and must received close of business on July 6, 2004. A public meeting to discuss the technical merits of the TMDL will be held on June 22, 2004, at 7 p.m. in the Wildland Conservancy Environmental Education Center in Emmaus, PA.

Request for Comment and Notice of Public Meeting for the Proposed TMDLs for the
Watershed of Stonycreek River (Segment 5112) in Somerset County

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

   The Department of Environmental Protection will accept comments on the proposed TMDL developed for the Stonycreek River (Segment ID 5112) Watershed in Somerset County. The TMDL was established in accordance with the requirements of section 303(d) of the Clean Water Act. Pennsylvania's 1996 and 1998 section 303(d) lists included stream segments in the watershed. The listings of these segments were due to use impairments caused by suspended solids and nutrients.

   There currently are no State or Federal in-stream numerical water quality criteria for nutrients and sediment. Therefore, the Department utilized a reference watershed approach to implement the applicable narrative criteria. The proposed TMDL sets allowable loadings of phosphorus and sediment in the Stonycreek River Watershed. Phosphorus was chosen as the TMDL endpoint for nutrient impairments due to it's being the limiting nutrient in the watershed. The phosphorous and sediment loading(s) were allocated among all land use categories present in the watershed. Data used in establishing these TMDLs were generated using a water quality analysis model (AVGWLF) designed by the Pennsylvania State University.

   The following table shows the estimated current phosphorus and sediment loadings of the watershed that surrounds the targeted portion of Stonycreek River, that is, from the origin of its headwaters to its union with Reitz Creek. Overall load reductions necessary in order to meet the TMDLs are also identified.

Summary of TMDL-Based Load Reductions in the Stonycreek River Watershed

Watershed Pollutant Existing Load
(lbs/yr)
TMDL
(lbs/yr)
%
Reduction
18-E (Seg. 5512) Phosphorus 1208.26 809.58 40
18-E (Seg. 5512) Sediment 747400 472256 43

   The data and all supporting documentation used to develop the proposed TMDL are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's website at www.dep.state.pa.us (PA Keyword: TMDL). To request a copy of this TMDL, contact: Joe Boylan at joboylan@state.pa.us, or by mail at 400 Waterfront Drive; Pittsburgh, PA 15222.

   The Department will consider all comments in developing the final TMDL, which will be submitted to EPA for approval. Written comments will be accepted at the above address and must received close of business on July 6, 2004. A public meeting to discuss the technical merits of the TMDL will be held on June 23, 2004 at 6:30 p.m. at the Somerset Township Municipal Building.

[Pa.B. Doc. No. 04-976. Filed for public inspection June 4, 2004, 9:00 a.m.]



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