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PA Bulletin, Doc. No. 96-43c

[26 Pa.B. 176]

[Continued from previous Web Page]

MINING ACTIVITY ACTIONS

   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); 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. Mining activity permits issued in response to such applications will also address the applicable 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).

   District Mining Operations, 437 South Center Street, P. O. Box 625, Ebensburg, PA 15931-0625.

Coal Applications Issued

   17950110.  K & J Coal Company, Inc. (P. O. Box 189, Westover, PA 16692), commencement, operation and restoration of a bituminous strip-auger mine in Chest and Chest Townships, Cambria and Clearfield Counties, affecting 201 acres, receiving stream unnamed tributaries to/and Chest Creek, Crooked Run, application received June 8, 1995, permit issued December 18, 1995.

   32920101.  Pitt Mining Company (R. D. 3, Box 95B, Shelocta, PA 15774), permit revision to modify the 272.3 acre surface mine permit to include the land application of sewage sludge in Young Township, Indiana County, receiving stream unnamed tributaries to Gobblers Run to Gobblers Run to Crooked Creek, approval issued December 18, 1995.

   11950201.  Ridge Energy Company (R. D. 2, Box 429, Clymer, PA 15728), commencement, operation and restoration of a bituminous strip (Coal Refuse Reprocessing and Coal Refuse Disposal mine) in West Carroll Township, Cambria County, affecting 18.0 acres, receiving stream unnamed tributary to west branch Susquehanna River and west branch Susquehanna River, application received February 1, 1995, permit issued December 21, 1995.

   56950102.  Dunamis Resources, Inc. (R. R. 4, Box 1542, Homer City, PA 15748), commencement, operation and restoration of a bituminous strip-auger mine in Lincoln and Jenner Townships, Somerset County, affecting 278.1 acres, receiving stream two unnamed tributaries to Quemahoning Creek and Quemahoning Creek, application received February 28, 1995, permit issued December 21, 1995.

   Mining and Reclamation, 3913 Washington Road, McMurray, PA 15317.

   32841602.  Mears Enterprises, Inc., (P. O. Box 157, Clymer, PA 15728), to renew the permit for the Clymer Tipple in Cherryhill Township, Indiana County, no additional discharge. Permit issued December 20, 1995.

   56841315.  Reitz Coal Company, (509-15th Street, Windber, PA 15963), to revise the permit for the Camp Hamilton No. 24 bituminous deep mine in Paint Township, Somerset County to delete 10.0 surface acres, no additional discharge. Permit issued December 20, 1995.

   56743701.  Custom Coals International, (100 First Avenue, Suite 500, Pittsburgh, PA 15222), to transfer the Laurel Refuse area in Shade Township, Somerset County from Laurel Mines Corporation, no additional discharge. Permit issued December 15, 1995.

   32841301.  Mears Enterprises, Inc., (P. O. Box 157, Clymer, PA 15728), to revise the permit for the Bear Run No. 2 bituminous deep mine in Banks Township, Indiana County to add 1.5 surface acres and modify subsidence control plan, no additional discharge. Permit issued December 15, 1995.

   Mineral Resources Management--District Mining, Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

   54763013R2.  Harriman Coal Corporation, (P. O. Box 127, Valley View, PA 17983), renewal of an existing anthracite surface mine operation in Hegins, Frailey and Porter Townships, Schuylkill County affecting 658.0 acres, receiving stream none. Renewal issued December 21, 1995.

   District Mining Operations, R. D. 2, Box 603-C, Greensburg, PA 15601.

   65890107R.  Heritage Mining Co., Inc. (P. O. Box 126, Cresson, PA 16630). Renewal permit issued for continued operation and reclamation of a bituminous surface mine located in Unity Township, Westmoreland County, affecting 46.1 acres. Receiving streams unnamed tributaries to Loyalhanna Creek. Renewal application received March 29, 1995. Renewal issued December 18, 1995.

   65950108.  Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Permit issued for commencement, operation and reclamation of a bituminous surface mine located in Mt. Pleasant Township, Westmoreland County, affecting 15.0 acres. Receiving streams unnamed tributary to Laurel Run to Jacobs Creek to the Youghiogheny River. Application received June 30, 1995. Permit issued December 20, 1995.

   04840101T.  Kerry Coal Company (P. O. Box 19, Portersville, PA 16051). Transfer permit issued from Grant R. Wright, Inc. for continued operation and reclamation of a bituminous surface mine with coal refuse disposal located in Big Beaver Borough, Beaver County, affecting 462.8 acres. Receiving streams unnamed tributary to Clark's Run to Clark's Run to Beaver River to Ohio River, and Stockman Run to Beaver River to Ohio River. Transfer application received May 2, 1994. Transfer permit issued December 20, 1995.

   65773019T.  Amerikohl Mining, Inc. (P. O. Box 427, Acme, PA 15610). Revision issued to add mining on the Upper Kittanning Coal Seam, add blasting, revise the erosion and sedimentation control plan, and to add 4.5 acres to an existing bituminous surface mine located in Mt. Pleasant Township, Westmoreland County, now affecting 164.5 acres. Receiving streams unnamed tributaries to Laurel Run and Laurel Run. Revision application received May 24, 1995. Revision issued December 22, 1995.

   Mineral Resources Management--District Mining, Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

General Small Noncoal Authorizations Granted

   45950801.  John Heller, (1233 Hellers Lane, Long Pond, PA 18334), commencement, operation and restoration of a small noncoal quarry operation in Tunkhannock Township, Monroe County affecting 1.0 acre, receiving stream none. Authorization granted December 18, 1995.

   The Department of Environmental Protection 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 (33 U.S.C.A. § 1341(a)).

   Any person aggrieved by this 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, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.


Actions on applications filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and sections 5 and 402 of the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S. §§ 691.5 and 691.402) and notice of final action for certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)), (Note: Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description).

Permits Issued and Actions on 401 Certification:

Bureau of Dams, Waterways and Wetlands, P. O. Box 8554, Harrisburg, PA 17105-8554, telephone (717) 783-1384.

Environmental Assessment Approvals and Actions on 401 Certification

   Environmental Assessment No. D45-140EA.  Diane Snyder, 298 Mutton Hollow Road, Snydersville, PA 18360. To remove accumulated sediment from the pool area of a dam across Kettle Creek (HQ-CWF) impacting approximately 0.9 acre of wetlands (PEM/PSS) for the purpose of maintaining the lake located adjacent to Township Road T-305 approximately 1.1 miles north of Snydersville (Saylorsburg, PA Quadrangle N: 18.0 inches; W: 6.75 inches) in Hamilton Township, Monroe County.

   Northwest Regional Office, Regional Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481, telephone (814) 332-6942.

   E10-225.  Encroachment. Adams Ridge, Inc., 1150 Broadhead Road, Monaca, PA 15061. To construct and maintain a 72-inch diameter RC pipe culvert having a length of 96 feet in a tributary to Kaufman Run for the extension of Norwegian Spruce Drive to Village 13 of the Adams Ridge development. To fill a total of 0.27 acre of wetland adjacent to the stream associated with the construction of the road crossing and the development of residential lots nos. 627 and 628 located upstream of the road crossing. This project is in the Adams Ridge development approximately 2,400 feet southwest of the intersection of S.R. 228 and Adams Ridge Boulevard (Mars, PA Quadrangle N: 10.0 inches; W: 10.1 inches) in Adams Township, Butler County. This project includes the creation of 0.3 acre of replacement wetland adjacent to the stream and upstream of the culvert crossing.

   E10-226.  Encroachment. Hampton Concrete Products, Inc., 1435 Pittsburgh Road, Valencia, PA 16059. To construct and maintain a 103-inch wide by 71-inch high CM pipe arch stream enclosure having a length of 400 feet in Glade Run east of S.R. 8 approximately 1,000 feet north of the Butler-Allegheny County line (Valencia, PA Quadrangle N: 9.0 inches; W: 7.9 inches) in Middlesex Township, Butler County.

   E42-239.  Encroachment. B-B Electric & Systems Corporation, 550 E. Main Street, P. O. Box 386, Bradford, PA 16701. To construct and maintain a 50-foot wide by 140-foot long addition to the existing B-B Electric & Systems Corporation building within the delineated FEMA floodway of Kendall Creek located upstream of East Main Street along the right side of the stream (Derrick City, PA-NY Quadrangle N: 16.9 inches; W: 17.0 inches) in the City of Bradford, McKean County. This permit was issued under section 105.13(e) ''Small Projects''.

   E19-147.  Encroachment. Scott Township Supervisors, 350 Tenny St., Bloomsburg, PA 17815. To repair, operate and maintain 340.0 linear feet of an existing levee for the purpose of flood protection along an unnamed tributary to the Susquehanna River. The proposed work will be conducted on a minimum of 85.0 linear feet that shall consist of repairing the existing levee to have a maximum height of 2.50 feet above existing ground elevation, a top width of 5.00 feet and an entirely riprap protection stream face. The project is located along the eastern right-of-way of S.R. 1001 approximately 500.0 feet northwest of the intersection of S.R. 0011 and S.R. 1002 (Bloomsburg, PA Quadrangle N: 2.9 inches; W: 4.2 inches) in Scott Township, Columbia County. This permit was issued under section 105.13(e) ''Small Projects''. This permit also includes 401 Water Quality Certification.


SPECIAL NOTICES

Settlement Under the Hazardous Sites Cleanup Act

Publicker Industries, Inc.
City of Philadelphia

   The Department of Environmental Protection (Department), under the authority of the Hazardous Sites Cleanup Act, (35 P. S. §§ 6020.101--6020.1304) (HSCA), has entered into a settlement regarding the Publicker Industries, Inc. Federal Superfund Site (Site) in Philadelphia, Pennsylvania. This settlement was lodged with the United States District Court for the Eastern District of Pennsylvania by the Department and the United States Environmental Protection Agency (EPA) in the form of a Partial Consent Decree (Consent Decree) on December 28, 1995. The parties to the Consent Decree will move the Court to enter the decree, if appropriate, upon the satisfaction of statutory public notice requirements.

   The settlement would resolve certain potential claims of the Department for injunctive relief, reimbursements of costs, and natural resource damages, against Publicker Industries, Inc. and American Cryogas Industries, Inc. (the Settling Corporate Defendants). The claims originate under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.A. §§ 9601--9675 (CERCLA), the Resource Conservation and Recovery Act, 42 U.S.C.A. §§ 6901--6992k, and HSCA. The settlement would require the Settling Corporate Defendants to pay the Department $1 million, plus interest, over a period of approximately 4 years.

   The settlement also would resolve certain potential claims of the EPA against the Settling Corporate Defendants, as well as against certain Federal agencies. The settlement also would resolve certain potential claims of the Federal natural resource trustees (the Department of the Interior and the National Oceanic and Atmospheric Administration) against the Settling Corporate Defendants.

   This notice is provided under section 1113 of HSCA (35 P. S. §§ 6020.1113). Under that section, the settlement shall become final upon the filing of the Department's response to the significant written comments. The Consent Decree which contains the specific terms of the settlement is available for public review and comment. The Consent Decree can be examined from 8 a.m. to 4 p.m. at the Department's Southeast Regional Office at Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, by contacting Matthew Miller at (610) 832-6192. A public comment period on the Consent Decree will extend for 60 days from today's date. Persons may submit written comments regarding the Consent Decree to the Department by March 13, 1996, by submitting them to Matthew Miller at the above address.

[Pa.B. Doc. No. 96-43. Filed for public inspection January 12, 1996, 9:00 a.m.]



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