Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 09-1790b

[39 Pa.B. 5605]
[Saturday, September 26, 2009]

[Continued from previous Web Page]

STATE CONSERVATION COMMISSION

NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO)

 This notice provides information about agricultural operations that have submitted nutrient management plans (NMPs) for approval under the act of July 6, 2005 (Act 38 of 2005, 3 Pa.C.S. §§ 501—522) (hereinafter referred to as Act 38), and that have or anticipate submitting applications for new, amended or renewed NPDES permits, or Notices of Intent (NOIs) for coverage under a general permit, for CAFOs, under 25 Pa. Code Chapter 92. This notice is provided in accordance with 25 Pa. Code Chapter 92 and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act.

 Based upon preliminary reviews, the State Conservation Commission (SCC), or County Conservation Districts (CCD) working under a delegation agreement with the SCC, have completed an administrative review of NMPs described. These NMPs are published as proposed plans for comment prior to taking final actions. The NMPs are available for review at the CCD office for the county where the agricultural operation is located. A list of CCD office locations is available at www.pacd.org/districts/directory.htm or can be obtained from the SCC at the office address listed or by calling (717) 787-8821.

 Persons wishing to comment on an NMP are invited to submit a statement outlining their comments on the plan to the CCD, with a copy to the SCC for each NMP, within 30 days from the date of this public notice. Comments received within the respective comment periods will be considered in the final determinations regarding the NMPs. Comments should include the name, address and telephone number of the writer and a concise statement to inform the SCC of the exact basis of the comments and the relevant facts upon which they are based.

 The address for the SCC is Agriculture Building, Room 407, 2301 North Cameron Street, Harrisburg, PA 17110.

 Persons with a disability who require an auxiliary aid, service, including TDD users or other accommodations to seek additional information should contact the SCC through the Pennsylvania AT&T Relay Service at (800) 654-5984.

NUTRIENT MANAGEMENT PLAN—PUBLIC NOTICE SPREADSHEET—APPLICATIONS

Agricultural Operation
Name and Address
CountyTotal
Acres
Animal Equivalent UnitsAnimal
Type
Special Protection Waters (HQ or EV or NA) Renewal/New
Jeff F. Flemmens
158 Leathery Road
East Berlin, PA 17316
Adams 38.1 300.7 Turkeys NA New
Lakeland Dairy
272 Angel Road and
New Wilmington, PA 16142
Mercer
Lawrence
650 1,155 Dairy NA Application

PUBLIC WATER SUPPLY (PWS) PERMIT

 Under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1—721.17), the following parties have applied for a PWS permit to construct or substantially modify a public water system.

 Persons wishing to comment on a permit application are invited to submit a statement to the office listed before the application within 30 days of this public notice. Comments received within the 30-day comment period will be considered in the formulation of the final determinations regarding the application. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of Environmental Protection (Department) of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held after consideration of comments received during the 30-day public comment period.

 Following the comment period, the Department will make a final determination regarding the proposed per-mit. Notice of this final determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.

 The permit application and any related documents are on file at the office listed before the application and are available for public review. Arrangements for inspection and copying information should be made with the office listed before the application.

 Persons with a disability who require an auxiliary aid, service or other accommodations to participate during the 30-day public comment period should contact the office listed before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

SAFE DRINKING WATER


Applications Received under the Pennsylvania Safe Drinking Water Act

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

Application No. 4009521, Public Water Supply.

Applicant Eagle Rock Community Association
1031 Valley of Lakes
Hazleton, PA 18201
Township or Borough Hazle Township
Responsible Official Randy Grace
VP Double Diamond
1031 Valley of Lakes
Hazleton, PA 18201
Type of Facility PWS
Consulting Engineer John O. Hammell, P. E.
CMX
941 Marcon Boulevard
Suite 801
Allentown, PA 18109
Application Received Date July 30, 2009
Description of Action Applicant proposes to construct a new PWS system including two new sources of supply, treatment facilities, storage and distribution system to serve the Mountain View Phases I and II residential development project located in Hazle Township, Luzerne County.

Central Office: Bureau Director, Water Standards and Facility Regulation, P. O. Box 8467, Harrisburg, PA 17105-8467.

Permit No. 9996408, Public Water Supply.

Applicant Nestle Waters North America, Inc.
Township or Borough Lorton, Virginia
Responsible Official J. Marks Evan
Vice President
Type of Facility Out-of-State Bottled Water System
Application Received Date September 8, 2009
Description of Action Applicant requesting a permit amendment to change company name from Ionics, Incorporated to Nestle Waters North America, Inc. Bottled water to be sold in Pennsylvania under the brand name: Deer Park Purified Water.

Biosolids Individual Permits (PABIG and PABIS)

 The following parties have applied for either an Individual Site Permit (PABIS) or an Individual Generator Permit (PABIG) for beneficial use of sewage sludge (biosolids) by land application. Unless otherwise indicated, on the basis of preliminary review and application of lawful standards and regulations, the Department of Environmental Protection (Department) proposes to issue a permit to land apply biosolids subject to certain requirements set forth in the permit.

 Persons wishing to comment on the proposed permit are invited to submit a statement to the responsible Department's Regional Office noted above the application within 30 days from the date of this public notice. Comments received within this 30-day period will be considered in the formulation of the final determination regarding this application. Responses should include the name, address, and telephone number of the writer and a concise statement of a comment and the relevant facts upon which it is based. A public hearing may be held if the Regional Office considers the public response significant.

 Following the 30-day comment period, the Water Management Regional Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.

 The application and related documents, comments received, and other information are on file and may be inspected and arrangements made for copying at the responsible Department's Regional Office indicated above the application.

 Persons with a disability that require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.


Biosolids Individual Permits (PABIG and PABIS)

 The following parties have received a renewal for an Individual Generator Permit (PABIG) for beneficial use of sewage sludge (biosolids) by land application.

General Permit Type—PABIG

Facility Location &
Municipality
Permit No. Applicant Name &
Address
Site Name &
Location
Contact Office &
Phone No.
Baltimore, MD
(Mobile line unite)
PABIG9903 Synagro Mid-Atlantic
7014 East Baltimore Street
Baltimore, MD 21224
Synagro Mid-Atlantic
7014 East Baltimore Street
Baltimore, MD 21224
BWSFR
(717) 787-8184

AIR QUALITY

PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS

NEW SOURCES AND MODIFICATIONS

 The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State operating permit and Title V operating permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.

 The Department has received applications for plan approvals and/or operating permits from the following facilities.

 Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.

 Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.

 Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

 Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121—143, the Federal Clean Air Act (act) and regulations adopted under the act.

PLAN APPROVALS


Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.

Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.

54-399-044: Future Power PA (72 Glenmaura National Boulevard, Moosic, PA 18507) for construction and operation of an Anthracite Coal fired IGCC plant with controls at their facility to be in Porter Township, Schuylkill County.

Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.

65-01006A: Ameresco Greenridge LLC (111 Speen Street, Suite 410, Framingham, MA 01701) for installation of engines at their Greenridge Landfill in East Huntingdon Township, Westmoreland County to use treated landfill gas to power engines/gensets to produce electricity for distribution to power grid.


Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.

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

36-05106A: Premier Custom Built, Inc. (110 Short Street, New Holland, PA 17557) for use of the emissions averaging program under 25 Pa. Code § 129.102(2) for coatings used at their cabinet manufacturing facility in East Earl Township, Lancaster County. Allowable emissions will not increase at the facility since the facility is currently limited to 50 tons of VOC, 25 tons of multiple HAPs and 10 tons of any one HAP per year. The plan approval will include monitoring, recordkeeping, reporting and work practice standards designed to keep the facility operating within all applicable air quality requirements.

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

25-069N: BASF Catalysts, LLC (1729 East Avenue, Erie, PA 16503) for authorization to operate a chrome oxide powder load hopper with a dust collector and a fluidized bed reactor to complete the calcination as described in their application of February 2, 2009, for their plant in the City of Erie, Erie County.

 Under 25 Pa. Code §§ 127.44(a) and 127.424(b), the Department of Environmental Protection (Department) intends to issue a Plan Approval for their plant located in the City of Erie, Erie County. This plan approval will authorize the applicant to operate a chrome oxide powder load hopper with a dust collector and a fluidized bed reactor to complete the calcination as described in the applicant's application of February 2, 2009. The Plan Approval will subsequently be incorporated into a State-only Operating Permit through an administrative amendment in accordance with 25 Pa. Code § 127.450.

 The control unit has an estimated 99.99 plus percent removal efficiency and shall not exceed the PM emissions of 0.02 gr/dscf. The source is not considered major precontrolled, therefore, CAM is not applicable. The facility will demonstrate compliance with the restrictions by performing daily pressure drop readings and quarterly preventative maintenance.

 Copies of the application, the Department's analysis, and other documents used in the evaluation are available for public inspection between 8 a.m. and 4 p.m. weekdays at the address shown. To make an appointment, contact Records Management at (814) 332-6340, for an appointment.

 Anyone wishing to provide the Department with additional information they believe should be considered, may submit the information to the address shown. Comments must be received, by the Department, within 30 days of the last day of publication. Written comments should include the following:

 1. Name, address and telephone number of the person submitting comments.

 2. Identification of the proposed Plan Approval; No. 25-069N.

 3. Concise statement regarding the relevancy of the information or any objections to issuance of the Plan Approval.

 A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted on the comments received during the public comment period. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in a local newspaper of general circulation or the Pennsylvania Bulletin or by telephone, where the Department determines such notification is sufficient. Written comments or requests for a public hearing should be directed to John Guth, Regional Air Quality Manager, Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.


Intent to Issue Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter F.

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

22-03049: Turbine Airfoils Design, Inc. (1400 North Cameron Street, Harrisburg, PA 17103) for their turbine parts manufacturing facility in the City of Harrisburg, Dauphin County. This is a renewal of the State-only operating permit issued in 2004.

67-05106: Donsco, Inc. (P. O. Box 2001, Wrightsville, PA 17368) for operation of the company's gray iron foundry in Wrightsville Borough, York County. This renewal of the State-only operating permit will retain the previous requirements for monitoring, recordkeeping, emission limits and work practice standards to ensure the facility complies with the applicable air quality regulations.

Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.

04-00466: NSPC, LLC (P. O. Box 311, Zelienople, PA 16063-0311) for continued operation of the New Sewickley Pet Crematory, in New Sewickley Township, Beaver County. This is for renewal of the State-only Operating Permit issued in 2005.

04-00709: Colona Transfer, LP (P. O. Box 311, Portersville PA 16051-0311) for continued operation of the Colona Dock No. 2, in Monaca Borough, Beaver County. This is for renewal of the State-only Operating Permit issued in 2005.

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

37-00280: Ennstone Inc., d/b/a Three Rivers Aggregates (1288 Reese Road, Slippery Rock, PA 16057-6028) for issuance of a Synthetic Minor Operating Permit to operate a sand and gravel processing facility. in Plain Grove Township, Lawrence County. The facility's primary emission sources include a sand and gravel processing plant and a diesel engine.

Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Brawn, Chief, (215) 685-9476.

S08-004: St. Christopher's Hospital for Children, LLC (Erie Avenue at Front Street, Philadelphia, PA 19134) for operation of a hospital in the City of Philadelphia, Philadelphia County. The facility's air emission source includes one 200 hp boiler, one 300 hp boiler, one 500 hp boiler, two less than 50 hp boilers, two 1,520 hp emergency generators and one 145 hp emergency generator.

 The operating permit will be issued under the 25 Pa. Code, Philadelphia Code Title 3 and Air Management Regulation XIII. Permit copies and other supporting information are available for public inspection at AMS, 321 University Avenue, Philadelphia, PA 19104. For further information, contact Edward Wiener at (215) 685-9426.

 Persons wishing to file protest or comments on the above operating permit must submit the protest or comments within 30 days from the date of this notice. Any protests or comments filed with AMS must include a concise statement of the objections to the permit issuance and the relevant facts upon which the objections are based. Based upon the information received during the public comment period, AMS may modify the operating permit or schedule a public hearing. The hearing notice will be published in the Pennsylvania Bulletin and a local newspaper at least 30 days before the hearing.

S03-010: General Services Administration—William J. Green Jr.—Federal Building (600 Arch Street, Philadelphia, PA 19106) for operation of a Federal building in the City of Philadelphia, Philadelphia County. The facility's air emission sources include three 13.39 mmBtu/hr boilers, three hot water heaters, one 746 kW Emergency Generator and one 175 kW emergency generator.

 The operating permit will be issued under the 25 Pa. Code, Philadelphia Code Title 3 and Air Management Regulation XIII. Permit copies and other supporting information are available for public inspection at AMS, 321 University Avenue, Philadelphia, PA 19104. For further information, contact Edward Wiener at (215) 685-9426.

 Persons wishing to file protest or comments on the above operating permit must submit the protest or comments within 30 days from the date of this notice. Any protests or comments filed with AMS must include a concise statement of the objections to the permit issuance and the relevant facts upon which the objections are based. AMS may modify the operating permit or schedule a public hearing based upon the information received during the public comment period. The hearing notice will be published in the Pennsylvania Bulletin and a local newspaper at least 30 days before the hearing.

COAL AND NONCOAL MINING ACTIVITY APPLICATIONS

 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 Act (52 P. S. §§ 30.51—30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.21). Mining activity permits issued in response to such applications will also address the applicable permitting requirements of the following statutes: the Air Pollution 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).

 The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of the application is available for inspection at the District Mining Office indicated above each application. Where a 401 Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for the certification.

 Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the address of the district mining office indicated above each application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121—77.123 and 86.31—86.34.

 Written comments or objections related to a mining permit application should contain the name, address and telephone number of persons submitting comments or objections; application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based.

 Requests for an informal conference, or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code §§ 77.123 or 86.34, must contain the name, address and telephone number of the requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.

 When a National Pollutant Discharge Elimination System (NPDES) number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. The Department has made a tentative determination to issue the NPDES permit in conjunction with the mining activity permit, but the issuance of the NPDES permit is contingent upon the approval of the associated mining activity permit.

 For coal mining activities, NPDES permits, when issued, will contain effluent limits that do not exceed the technology-based effluent limitations. The proposed limits are listed in Table 1.

 For noncoal mining activities, the proposed limits are found in Table 2. Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description below specifies the parameters. The limits will be in the ranges specified in Table 1.

 More restrictive effluent limitations, restrictions on discharge volume, or restrictions on the extent of mining that may occur, will be incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).

 The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 362-0600-001, NPDES Program Implementation-Memorandum of Understanding Concerning Water Quality Management, NPDES Program Implementation and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Loads (TMDLs).

 Persons wishing to comment on an NPDES permit application should submit a statement to the Department at the address of the district mining office indicated previously each application within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.

 The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92.61. The request or petition for a public hearing shall be filed within 30 days of this public notice and shall contain the name, address, telephone number and the interest of the party filing the request, and shall state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. In the case where a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.

Coal Applications Received

Effluent Limits—The following range of effluent limits will apply to NPDES permits issued in conjunction with the associated coal mining activity permit and, in some cases, noncoal mining permits:

Table 1

30-Day Daily Instantaneous
Parameter Average Maximum Maximum
Iron (Total) 1.5 to 3.0 mg/l 3.0 to 6.0 mg/l 3.5 to 7.0 mg/l
Manganese (Total) 1.0 to 2.0 mg/l 2.0 to 4.0 mg/l 2.5 to 5.0 mg/l
Suspended solids 10 to 35 mg/l    20 to 70 mg/l    25 to 90 mg/l   
Aluminum (Total)  0.75 to 2.0 mg/l 1.5 to 4.0 mg/l 2.0 to 5.0 mg/l
pH1 greater than 6.0; less than 9.0
Alkalinity greater than acidity1
1 The parameter is applicable at all times.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; and mined areas backfilled and revegetated; and drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.

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

30841316 and NPDES Permit No. PA0213535, Consol Pennsylvania Coal Company, LLC, (P. O. Box J, 1525 Pleasant Grove Road, Claysville, PA 15323), to revise the permit for the Bailey Mine and Prep Plant in Richhill and Aleppo Townships, Greene County to amend 1,173.70 subsidence control plan area acres from development mining to longwall mining. No additional discharges. Application received July 6, 2009.

30841317 and NPDES Permit No. PA0213527, Consol Pennsylvania Coal Company, LLC, (P. O. Box J, 1525 Pleasant Grove Road, Claysville, PA 15323), to revise the permit for the Enlow Fork Mine in East Finley, South Franklin, and Morris Townships, Washington County to revise the longwall mining plan and perform stream restoration as may be necessary to two areas of Crafts Creek UNT as shown on the Prosperity USGS Quad from N: 10.28 inches; W: 9.31 to N: 11.20 inches; W: 9.72 inches, two areas of Sawhill Run as shown on the Claysville USGS Quad from N: 18.02 inches; W: 0.45 inch to N: 18,89 inches; W: 16.55 inches on the Prosperity USGS Quad, six areas of Buffalo Creek and Buffalo Creek UNT as shown on the Prosperity USGS Quad from N: 15.74 inches; W: 17.19 inches to N: 19.14 inches; W: 15.73 inches, and five areas of Tenmile Creek as shown on the Prosperity USGS Quad from N: 12.00 inches; W: 8.5 inches to N: 15.33 inches; W: 10.92 inches. No additional discharges. Application received June 29, 2009.

30960701 and NPDES Permit No. PA0215201, Emerald Coal Resources, LP, (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to renew the permit for the Emerald Mine No. 1—Coal Refuse Disposal Area No. 2 in Franklin Township, Greene County and related NPDES permit. No additional discharges. Application received March 27, 2009.

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

11070202. NPDES No. PA0262439 and General Permit GP-12-11070202, Ebensburg Power Company, 2840 New Germany Road, P. O. Box 845, Ebensburg, PA 15931, revision of an existing bituminous coal refuse site to obtain coverage for coal refuse reprocessing under air quality general permit GP-12 in Jackson Township and Nanty Glo Borough, Cambria County, affecting 57.8 acres. Receiving streams: UNT to Pergrin Run and Southern Branch of Blacklick Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received September 1, 2009.

32090201 and NPDES No. PA0262854. Britt Energies, Inc., 2450 Philadelphia Street, Indiana, PA 15701, commencement, operation and restoration of a bituminous coal refuse reprocessing surface mine in Conemaugh Township, Indiana County, affecting 11.9 acres. Receiving streams: UNTs to/and Sulfur Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 26, 2009.

56793091 and NPDES No. PA0119296. Hardrock Coal Company, 275 Saddle Ridge Road, Berlin, PA 15530, permit renewal for the continued operation and restoration of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 559.9 acres. Receiving streams: UNTs to/and Tubs Run and UNT to Millers Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 27, 2009.

56813104 and NPDES No. PA0599115. Finzel Coal, 12152 National Pike, Grantsville, MD 21536-2105, permit renewal for reclamation only of a bituminous surface mine and operate water treatment facilities in Brothersvalley Township, Somerset County, affecting 344.7 acres. Receiving streams: UNTs to/and Tubs Run Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 24, 2009.

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, (724) 925-5500.

63090103 and NPDES Permit No. PA0251747. Amerikohl Mining, Inc. (1384 SR 711, Stahlstown, PA 15687). Application for commencement, operation and reclamation of a bituminous surface mine, located in Fallowfield and Somerset Townships, Washington County, affecting 222.2 acres. Receiving streams: Sawmill Creek and UNTs to Sawmill Creek, classified for the following use: WWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Application received September 2, 2009.

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

17070107 and NPDES No. PA0256536. P & N Coal Company, Inc. (P. O. Box 332, Punxsutawney, PA 15767). Revision of an existing bituminous surface mine to amend the permit boundary in Penn Township, Clearfield County, affecting 119.2 acres. Receiving stream: Kratzer Run, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received July 24, 2009.

17070107 and NPDES No. PA0256536. P & N Coal Company, Inc. (P. O. Box 332, Punxsutawney, PA 15767). Revision of an existing bituminous surface mine to request a variance to conduct surface mining and coal removal within 100 feet of SR 729, in Penn Township, Clearfield County, affecting 114.6 acres. Receiving stream: UNT to Kratzer Run, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received September 3, 2009.

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

54970101C2 and NPDES Permit No. PA0223832. Premium Fine Coal, Inc., (P. O. Box 268, Tamaqua, PA 18252), correction to an existing anthracite surface mine, coal refuse reprocessing and refuse disposal operation in Schuylkill Township, Schuylkill County to increase the permitted acreage from 632 acres to 727 acres, receiving stream: UNT of Mary D Mine Pool, classified for the following use: CWF. Application received August 12, 2009.

49090101. Fox Coal Company, Inc., (1380 Tioga Street, Shamokin, PA 17866), commencement, operation and restoration of an anthracite surface mine operation in Zerbe Township, Northumberland County affecting 1298 acres, receiving stream: Zerbe Run, classified for the following use: CWF. Application received August 31, 2009.

54840206R5. William Penn Breaker, Inc., (46 Public Square, Suite 600, Wilkes-Barre, PA 18701), renewal of an existing anthracite surface mining operation for reclamation activities only in West Mahanoy Township, Schuylkill County affecting 164.3 acres, receiving stream: none. Application received September 2, 2009.

54890102R4 and NPDES Permit No. PA0594504. White Pine Coal Co., Inc., (P. O. Box 119, Ashland, PA 17921), renewal of an existing anthracite surface mine and coal refuse reprocessing operation in Cass, Foster and Reilly Townships, Schuylkill County affecting 729.78 acres, receiving stream: Muddy Branch Creek. Application received September 8, 2009.

Noncoal Applications Received

Effluent Limits—The following effluent limits will apply to NPDES permits issued in conjunction with a noncoal mining permit:

Table 2

30-day Daily Instantaneous
Parameter Average Maximum Maximum
Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l
Alkalinity exceeding acidity*
pH* greater than 6.0; less than 9.0
* The parameter is applicable at all times.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.

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

32082801. Ridge Limestone, Inc., 1094 Lantz Road, Avonmore, PA 15618, bond release on a small noncoal (industrial minerals) operation in Young Township, Indiana County, affecting 2 acres. Receiving stream: no discharge. Application received September 1, 2009.

28990803. Paul Clapsaddle, 11401 Creek Road, Fannettsburg, PA 17221, bond release on a small noncoal (industrial minerals) operation in Metal Township, Franklin County, affecting 0.75 acres. Receiving stream: no discharge. Application received September 1, 2009.

05090801. Troy A. Crist, 2496 North Imler Valley Road, Imler, PA 16655, commencement, operation and restoration of a small noncoal (industrial minerals) operation in Kimmel Township, Bedford County, affecting 5.0 acres, receiving streams: UNTs to the Frankstown Branch of the Juniata River; Beaverdam Creek. Permit received September 1, 2009.

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

09920302C4 and NPDES Permit No. PA0595497. Delaware Valley Landscape Stone, Inc., (P. O. Box 778, New Hope, PA 18938), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Middletown Township, Bucks County, receiving stream: UNT to Neshaminy Creek, classified for the following use: WWF. Application received September 2, 2009.

FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401

 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the State to certify that the involved projects will not violate the applicable provisions of sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the regional office noted before the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.

 The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on each working day at the regional office noted before the application.

 Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.


Applications received under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27) and section 302 of the Floodplain Management Act (32 P. S. § 679.302) and requests for certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

WATER OBSTRUCTIONS AND ENCROACHMENTS

Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Telephone: (717) 705-4707.

E36-858: Wonderland Amusement Management, LLC, Richard Stammel, 2249 Lincoln Highway East, Lancaster, PA 17602, East Lampeter Township, Lancaster County, United States Army Corps of Engineers, Baltimore District.

 To remove six single-span pedestrian stream crossings, each having a width of 7 feet and spans of 28 feet, 25 feet, 24.5 feet, 26 feet, 29 feet and 28 feet, in a canal located in the floodway of Mill Creek (WWF). Also to construct and maintain an 8.5-foot wide dual span bridge having normal spans of 30 feet and 36 feet and an underlcearance of 5.4 feet, a 6-inch depressed, 42-foot long 36-inch diameter RCP culvert pipe in a canal located in the floodway of Mill Creek (WWF). A temporary road crossing consisting of two 29-foot long, 48-inch diameter culvert pipes in Mill Creek, and a 30-foot by 56-foot pavilion located in the floodway of Mill Creek (WWF), all for the purpose of improvements at the Dutch Wonderland Family Amusement Park located off of Route 30 (Leola, PA Quadrangle: 5.75 inches North; 13.12 inches West, Latitude: 40 1` 53.9" N; Longitude: 76 13` 6.7" W) in East Lampeter Township, Lancaster County.

E67-871: Stonebridge Crossing, LP, William P. Eichelberger, 124 West Church Street, P. O. Box 459, Dillsburg, PA 17019-0459, Carroll Township, York County, United States Army Corps of Engineers, Baltimore District.

 The applicant proposes: (1) to install and maintain a 50-foot length of Con-Span Bridge with concrete wing walls having a single waterway opening 32-feet wide by 9-feet high across Fishers Run (CWF); (2) to install and maintain five 42-inch culvert pipes 100 feet in length in a wetland associated with Fishers Run (CWF); and (3) to install a utility line stream crossing across Fishers Run (CWF). The purpose of the project is for the construction of a residential subdivision (Dillsburg, PA Quadrangle N: 22.5 inches; W: 1.5 inches, Latitude: 40° 07` 30"; Longitude: 77° 00` 37") Watershed 7E.

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

E08-457. Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. SR 1049 Section 001 Bridge Structure Replacement over Pendleton Creek, Warren Township, Bradford County, United States Army Corps of Engineers, Baltimore District (Little Meadows, PA Quadrangle N: 41° 55` 34"; W: 76° 14` 19").

 The Department of Transportation, Engineering District 3-0 proposes to replace the existing bridge structure located over Pendleton Creek, Warren Township, Bradford County. The existing structure is a single-span steel I-beam bridge with a 59° skew, 8-foot underclearance, and 24-foot clear span. The structure will be replaced with a single span 11-foot by 28-foot concrete arch culvert. The proposed culvert will be placed on the existing horizontal and vertical alignment. The project proposes 0.12 acre of floodway fill associated with the required approach work. Pendleton Creek is classified as a CWF by 25 Pa. Code Chapter 93 Water Quality Standards. The bridge replacement will not result in any wetland impacts.

E17-452. City of DuBois, P. O. Box 408, 16 West Scribner Avenue, DuBois, PA 15801. Pedestrian Bridge Across Beaver Run, DuBois City, Clearfield County, United States Army Corps of Engineers, Pittsburgh District (DuBois, PA Quadrangle Latitude: 41° 07` 16.44"; Longitude: 78° 44` 32.64").

 The applicant proposes to construct, operate and maintain a pedestrian bridge crossing Beaver Run for public access to recreational facilities. The bridge across Beaver Run shall be constructed as a single span structure having a minimum span of 50 feet, underclearance of 4.5 feet, and width of 4 feet. The project poses no wetland impact, while permanently impacting 50 feet of Beaver Run that is located along the southern right-of-way of Beaver Drive approximately 3,250 feet west of Shaffer Road and Beaver Drive intersection. This permit application was received for review under Section 105.13(e) ''Small Projects.''

E19-278. Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. SR 0080 Section 078 Bridge Structure Replacement and Rehabilitation over the Susquehanna River, Mifflin and South Centre Townships, Columbia County, United States Army Corps of Engineers, Baltimore District (Mifflinville, PA Quadrangle N: 41° 01` 42"; W: 76° 19` 34").

 The Department of Transportation, Engineering District 3-0 proposes to rehabilitate the existing SR 0080 Eastbound and replace the SR 0080 Westbound bridge structures located over the Susquehanna River in Mifflin and South Centre Townships, Columbia County. Both existing structures are 19-foot span reinforced concrete bridges. The Eastbound superstructure will be replaced and the existing piers will be modified to accommodate the new superstructure. The Westbound Structure will be completely replaced. The proposed westbound structure will be a 17-foot span prestressed concrete T-beam Bridge. The proposed Westbound bridge will be located between the existing east and westbound bridge structures. The project will utilize a half width causeway in the Susquehanna River. The total project includes additional work over SR 339 and SR 11, which will not have an effect on any water resources. The Susquehanna River is classified as a WWF by 25 Pa. Code Chapter 93 Water Quality Standards. The Westbound bridge replacement will result in approximately 1,062 ft2 of impact to the Susquehanna River and no wetland impacts.

E59-490. Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. SR 3014 Section 001 Bridge Structure Replacement over Zimmerman Creek, Liberty Township, Tioga County, United States Army Corps of Engineers, Baltimore District (Nauvoo, PA Quadrangle N: 41° 33` 54"; W: 77° 12` 30").

 The Department of Transportation, Engineering District 3-0 proposes to replace the existing bridge structure located over Zimmerman Creek, Liberty Township, Tioga County. The existing structure is a two span steel I-beam bridge with a timber deck. The existing bridge has a span of 25 feet on both spans and an underclearance of 10.8 feet. The project proposes to shift the horizontal alignment upstream approximately 10 feet. The proposed structure is a single-span prestressed concrete spread box beam bridge. The proposed structure will have a span of 50 ft. and an underclearance of 9.7 ft. The project proposes to construct a wall to protect the existing barn located adjacent to the existing bridge. The wall will be constructed on the right downstream bank. Zimmerman Creek is classified as a HQ-CWF by 25 Pa. Code Chapter 93 Water Quality Standards. The bridge replacement will not result in any wetland impacts.

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

E02-1621. Department of Transportation, District 11, 45 Thoms Run Road, Bridgeville, PA 15017. To regrade and maintain streambank in Etna Borough, Allegheny County, United States Army Corps of Engineers, Pittsburgh District (Pittsburgh East, PA Quadrangle N: 21.4 inches; W: 9.7 inches, Latitude: 40° 1` 34"; Longitude: 79° 56` 50"). The applicant proposes to regrade and maintain 700 feet of stream bank along Pine Creek (TSF) required to stabilize the slope for the widening of SR 28. The project is located in Etna Borough and centered approximately 3,000 feet upstream of Pine Creek's confluence with the Allegheny River.

E03-449. Department of Transportation, District 10, P. O. Box 429, Indiana, PA 15701. To remove existing and replace with new, bridge between Redbank Township, Clarion County and Redbank Township, Armstrong County (New Bethlehem, PA Quadrangle: N: 6.0 inches; W: 0.1 inch, Latitude: 41° 1` 54"; Longitude: 79° 15` 3.4"). The applicant proposes to remove the existing 28-foot wide, 220-foot long, two span, SR 536 bridge with a 90° skew and to construct and maintain a new 29.5-foot wide, 250-foot long, two span bridge and underclearance of 20.9-foot with a 73° skew over Redbank Creek (TSF); to construct and maintain associated outfalls; and construct a temporary causeway. The new bridge is located adjacent to and upstream of the existing bridge with the skew change to better align the Armstrong county approach road.

E63-618. Department of Transportation, District 12-0, 825 Gallatin Avenue Extension, P. O. Box 459, Uniontown, PA 15401-0459. To construct and maintain culvert, drainage area, replacement bridge, temporary crossings and stormwater outfalls, and permanent fill of PEM/PSS wetlands in South Strabane and Somerset Townships, Washington County, United States Army Corps of Engineers, Pittsburgh District (Washington East, PA Quadrangle N: 5.6 inches; W: 1.25 inches, Latitude 40° 9` 22.8"; Longitude 80° 8` 2.1" and extending east to Hackett, PA Quadrangle North 5 inches; West 17.0 inches, Latitude: 40° 9` 27"; Longitude: 80° 7` 16.3"). The applicant proposes to construct and maintain:

 1. a 174-foot long extension of an existing 168-foot long, 21-foot span arch culvert with a drainage area of 6 square miles under the to-be widened SR 70 and reconstructed SR 519 access ramps in Little Chartiers Creek (HQ-WWF) (Washington East, PA Quadrangle North 5.6 inches; West 1.25 inches, Latitude: 40° 9` 22.8" and Longitude: 80° 8` 2.1");

 2. a 70 ft. long extension of an existing 183.5 ft. long, 5 ft. span, 6 ft clearance box culvert under the to be widened SR 70 in a UNT of Opossum Run (HQ-WWF) (Hackett, PA Quadrangle North 5.9 inches; West 17.0 inches, Latitude: 40° 9` 27"; Longitude: 80° 7` 16.3");

 3. a 22 ft. span, 51.9 ft. wide with a 3.4 ft. underclearance replacement bridge with a drainage area of 1.3 square miles for the existing 31.5 ft. wide bridge under the to be widened SR 519 and in Opossum Run (HQ-WWF). (Washington East, PA Quadrangle North 5.0 inches; West 0.75 inch, Latitude: 40° 9` 11"; Longitude: 80° 7` 49.8");

 4. Road construction associated temporary crossings and stormwater outfalls;

 5. In addition a total of 0.095 acre of permanent fill and maintenance of PEM/PSS wetlands;

 Constructed wetland mitigation is intended to be provided onsite. This project is associated with SR 70 and SR 519 interchange improvements starting approximately 4.5 miles east of Washington, PA and extending east approximately 1.5 miles and is located in South Strabane and Somerset Townships (Washington East, PA Quadrangle North 5.6 inches; West 1.25 inches, Latitude: 40° 9` 22.8"; Longitude: 80° 8` 2.1"; and extending east to Hackett, PA Quadrangle North 5 inches; West 17.0 inches, Latitude: 40° 9` 27" Longitude: 80° 7` 16.3"), Washington County.

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

E42-347, University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260. Bradford Campus Parking Lot Addition, McKean County, United States Army Corps of Engineers, Pittsburgh District (Bradford, PA Quadrangle N: 41° 56` 35"; W: 78° 40` 32").

 The applicant proposes to construct and maintain a parking lot in the northwestern portion of the University of Pittsburgh Bradford Campus within the FEMA 100-year floodplain of Marilla Brook the West Branch of Tunungwant Creek south of Taylor Drive involving a net removal of 345 cubic yards of material/earth from the FEMA floodplain. West Branch of Tunungwant Creek and Marilla Brook are perennial streams classified as a CWF.

ENVIRONMENTAL ASSESSMENTS

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

EA21-005: The Nature Conservancy, 2101 North Front Street, Building 1, Suite 200, Harrisburg, PA 17110, Dickinson Township, Cumberland County, United States Army Corps of Engineers, Baltimore District.

 The applicant proposes to restore six isolated venal pools totaling 0.41 acre of wetland: two by use of HDPE liners, three by excavation of subsoil to groundwater table, and one by excavation/compaction of subsoil clay, all in the Watershed of a UNT to Yellow Breeches Creek (HQ-CWF) on The Nature Conservancy's Forest Pools Preserve at King's Gap (Dickinson, PA Quadrangle N: 18.56 inches; W: 4.74 inches, Latitude: 40° 06` 08"; Longitude: -77° 17` 02") in Dickinson Township, Cumberland County.

Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.

D40-020EA. Theta Land Corporation, 1004 Exeter Avenue, Exeter, PA 18643. Hanover Township, Luzerne County, United States Army Corps of Engineers, Baltimore District.

 Project proposes to breach and remove Pine Run No. 1 Dam across Pine Creek (CWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The project will restore approximately 600 feet of stream channel. The dam is located approximately 4,500 feet south of the intersection of US 81 and SR 309 (Wilkes-Barre, West, PA Quadrangle Latitude: 41° 11` 47"; Longitude: -75° 53` 30").

D40-023EA. Theta Land Corporation, 1004 Exeter Avenue, Exeter, PA 18643. Plains Township, Luzerne County, United States Army Corps of Engineers, Baltimore District.

 Project proposes to breach and remove Laurel Run No. 2 Dam across Laurel Run (CWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The project will restore approximately 1,100 feet of stream channel. The dam is located approximately 1,200 feet southeast of the intersection of US 81 and SR 309 (Wilkes-Barre, East, PA Quadrangle Latitude: 41° 14` 53"; Longitude: -75° 49` 04").

D64-148EA. Department of Conservation and Natural Resources, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101, Lehigh Township, Wayne County, United States Army Corps of Engineers, Philadelphia District.

 To remove an existing sheet pile cut-off wall and construct and maintain an earthen berm to control runoff at Gouldsboro Lake Dam across Oakes Swamp Run (HQ-CWF). The dam is located at a point on the Tobyhanna, PA Quadrangle Latitude: 41° 14` 05"; Longitude: -75° 27` 07").

 The proposed cut-off berm will permanently impact 0.016-acre of PEM wetland. Construction will necessitate temporary impacts to 0.01-acre of PEM wetland.

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