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PA Bulletin, Doc. No. 98-975


Tributary to Chester Creek, Delaware County; Acceptance of Rulemaking Petition for Study

[28 Pa.B. 2866]

   At the May 21, 1998, meeting of the Environmental Quality Board (EQB), the EQB accepted a rulemaking petition for further study under 25 Pa. Code Chapter 23 (relating to Environmental Quality Board policy for processing petitions--statement of policy).

   The petition was submitted by Frank Akutowicz on behalf of local residents and himself, and requests that a 2-mile portion of a tributary to Chester Creek in Delaware County be designated as Exceptional Value (EV) Waters. This section of stream is referred to by the Department of Environmental Protection (DEP) as Unnamed Tributary #00595 and is currently designated as Trout Stocking.

   As part of its study, the DEP will hold a public hearing to obtain additional information concerning the action requested in the petition. The hearing will be held on Wednesday, August 5, 1998, at 6:30 p.m. at the following location: Cheyney University of Pennsylvania, The World Culture Room, Duckrey Social Science Building, Cheyney and Creek Roads, Cheyney, Pennsylvania.

   The Department invites comments on the merits of this petition. The hearing will be fact-finding in nature where interested persons may submit information to the DEP for its consideration in the development of its technical recommendation to the EQB on the appropriate designation of this stream. A public comment period will be open to accept written comments following the hearing. Written comments must be received by August 19, 1998, and may be submitted to the following address: Edward R. Brezina, Department of Environmental Protection, Bureau of Watershed Conservation, P. O. Box 8555, Harrisburg, PA 17105-8555, Telephone: (717) 787-9637.

   Electronic comments may be submitted to and must also be received by August 19, 1998. Comments received by facsimile will not be accepted.

   Persons wishing to present testimony at the hearing are requested to contact Edward Brezina at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their testimony to the hearing chair. Each organization is limited to designating one witness to present testimony on its behalf.

   Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate should contact Edward Brezina at (717) 787-9637, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD), to discuss how their needs may be accommodated.

   Following the DEP's review of the petition and additional information received during the public comment period, the DEP will evaluate the stream through site visits and biological assessment and prepare a draft report. The draft report will be submitted to the petitioners, local municipalities, and those who provided comments at the hearing or during the public comment period before it is submitted to the EQB. The report will include a recommendation on whether or not the stream should be redesignated. When the report is submitted to the EQB, it will be processed as a proposed rulemaking with an opportunity for additional public comment.

   Copies of the petition are available from the Bureau of Watershed Conservation at the above address and telephone number.


[Pa.B. Doc. No. 98-975. Filed for public inspection June 19, 1998, 9:00 a.m.]

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