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PA Bulletin, Doc. No. 03-1796d

[33 Pa.B. 4587]

[Continued from previous Web Page]

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes:  the Air Quality Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).

Coal Permit Actions

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

   30841310. NPDES Permit PA0046132, Duquesne Light Company (Warwick Mine No. 3, P. O. Box 457, Greensboro, PA 15338), to renew the permit for the Warwick Mine No. 3 in Dunkard Township, Greene County, to renew permit for reclamation only, 012 Meadow Run, tributary to Dunkard Creek, Mundell Hollow. Permit issued August 26, 2003.

   30841310. NPDES Permit PA0046132, Duquesne Light Co. (P. O. Box 457, Greensboro, PA 15338), to revise the permit for the Warwick No. 3 Mine in Dunkard Township, Greene County, for post-mining reclamation land use change, no additional discharges. Permit issued August 26, 2003.

   30841310. NPDES Permit PA0046132, Duquesne Light Co. (P. O. Box 457, Greensboro, PA 15338), to renew the permit for the Warwick Mine No. 3 in Dunkard, Greene, Perry and Whiteley Townships, Greene County, renewal deep mine permit, no additional discharges. Permit issued August 26, 2003.

   30841310. NPDES Permit PA0046132, Duquesne Light Co. (Warwick No. 3 Mine, P. O. Box 457, Portal No. 3, Greensboro, PA 15338), to revise the permit for the Warwick No. 3 Mine, Portal No. 3 in Dunkard Township, Greene County, to revise post-mining land use plan on 11.5 acres, no additional discharges. Permit issued August 28, 2003.

   03860701. NPDES Permit PA0213519, McVille Mining Co. (301 Market Street, Kittanning, PA 16201), to revise the permit for the McVille Coal Refuse Area in South Buffalo Township, Armstrong County, CRDP Refuse Disposal Acres Proposed 15.8, no additional discharges. The first downstream potable water supply intake from the point of discharge is Buffalo Township Municipal Authority at Freeport. Permit issued August 28, 2003.

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

   56980103 and NPDES Permit PA0234699. Godin Brothers, Inc., 5433 Front Street, Stoystown, PA 15563, permit renewal for continued operation of a bituminous surface mine in Lincoln and Jenner Townships, Somerset County, affecting 133.5 acres. Receiving streams:  unnamed tributaries to Quemahoning Creek (CWF). The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Quemahoning Surface Water Withdrawal. Application received June 30, 2003. Permit received August 26, 2003.

   32813007 and NPDES Permit PA0125458, Cloe Mining Company, Inc., P. O. Box J, Grampian, PA 16838, permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine and for discharge of treated mine drainage in Rayne and East Mahoning Townships, Indiana County, affecting 323.7 acres. Receiving streams:   unnamed tributaries to Pine Run and to Pine Run (CWF). The first downstream potable water supply intake from the point of discharge is Indiana County Municipal Service Authority Crooked Creek Intake. Application received July 3, 2003. Permit received August 26, 2003.

   32970105 and NPDES Permit PA0234419. TLH Coal Company, 4401 Pollock Road, Marion Center, PA 15759, permit renewal for reclamation only and for continued operation of a bituminous surface mine in Grant Township, Indiana County, affecting 54.2 acres. Receiving streams:  East Run (HQ-CWF). There are no potable water supply intakes within 10 miles downstream. Application received August 15, 2003. Permit issued August 27, 2003.

   11930102 and NPDES Permit PA02129393. E. P. Bender Coal Company, Main and Lehmier Streets, P. O. Box 594, Carrolltown, PA 15722, permit renewal for continued operation of a bituminous surface/auger and beneficial use of fly ash mine in Dean Township, Cambria County, affecting 275.8 acres. Receiving streams:  Little Laurel Run (CWF), an unnamed tributary to Clearfield Creek (CWF) and Clearfield Creek (WWF). There are no potable water supply intakes within 10 miles downstream. Application received April 9, 2003. Permit issued August 27, 2003.

   56980102 and NPDES Permit PA0234681. Hoffman Mining, Inc., P. O. Box 130, 118 Runway Road, Friedens, PA 15541, permit renewal for continued operation of a bituminous surface and auger mine and for discharge of treated mine drainage in Shade Township, Somerset County, affecting 92.7 acres. Receiving streams:  unnamed tributaries to Oven Run (CWF). The first downstream potable water supply intake from the point of discharge is Hooversville Borough Municipal Authority Stonycreek Surface Water Withdrawal. Application received April 14, 2003. Permit issued August 28, 2003.

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

   02980101 and NPDES Permit PA0202142. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Renewal permit for reclamation only for an existing bituminous surface mine in Findlay and North Fayette Townships, Allegheny County, affecting 16.1 acres. Receiving streams:  Potato Garden Run and an unnamed tributary to Little Raccoon Run. Renewal application received May 29, 2003. Renewal permit issued August 27, 2003.

   26850107 and NPDES Permit PA0589373. Oak Run Coal, Inc. (257 S. Mt. Vernon Avenue, Uniontown, PA 15401). Permit renewal issued for continued reclamation only of a bituminous surface mine in Georges Township, Fayette County, affecting 124.7 acres. Receiving streams:  Muddy Run to Georges Creek. Renewal application received June 5, 2003. Renewal permit issued August 28, 2003.

   65980102 and NPDES Permit PA0202207. V. P. Smith Co., Inc. (P. O. Box 242, Ligonier, PA 15658). Permit renewal for continued operation and reclamation of an existing bituminous surface mine, in Fairfield Township, Westmoreland County, affecting 82.8 acres. Receiving streams:  unnamed tributaries to Hannas Run. Renewal application received June 12, 2003. Renewal permit issued August 27, 2003.

   02020201 and NPDES Permit PA0250121. Coal Valley Sales Corp. (623 West Walheim Road, Pittsburgh, PA 15215). Permit revision issued to add the Damian Hantz property, add pond C-1 and reduce the operational/mining area to cover the cost difference at a bituminous surface mine/coal refuse reprocessing facility in Plum Borough, Allegheny County, now affecting 157.8 acres. Receiving streams:  Little Plum Creek. Revision application received March 19, 2003. Revision issued August 28, 2003.

   03970109 and NPDES Permit 0202126. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Permit renewal for reclamation only for an existing bituminous surface mine, in Cowanshannock Township, Armstrong County, affecting 97 acres. Receiving streams:  unnamed tributaries to Huskins Run and Huskins Run. Renewal application received May 29, 2003. Renewal permit issued August 28, 2003.

Noncoal Permit Actions

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

   58030816. Gary Matusavige (R. R. 4 Box 4263, Meshoppen, PA 18630), transfer and enlargement of quarry operation in Rush Township, Susquehanna County affecting 5.0 acres. Receiving stream:  none. Permit received May 15, 2003. Permit issued August 11, 2003.

   58030818. Donald R. Taylor (R. R. 3 Box 3646, Nicholson, PA 18446), commencement, operation and restoration of a quarry operation in Lathrop Township, Susquehanna County affecting 5 acres. Receiving stream:  tributary to Horton Creek. Application received June 2, 2003. Permit issued August 15, 2003.

   58030813. Mike Ely (R. R. 6 Box 6176A, Montrose, PA 18801), commencement, operation and restoration of a quarry operation in Springville Township, Susquehanna County affecting 3.0 acres. Receiving stream:  tributary to Thomas Creek. Application received April 14, 2003. Permit issued August 15, 2003.

   64010806T. Laura Travis (R. R. 1 Box 1482, Starrucca, PA 18462), transfer and enlargement of a quarry operation in Scott Township, Wayne County affecting 3.0 acres. Receiving stream:  tributary to Shehawken Creek. Application received June 16, 2003. Permit issued August 21, 2003.

   5074SM4C5 and NPDES Permit PA0595888. New Enterprise Stone & Lime Co., Inc. (P. O. Box 77, New Enterprises, PA 16664), renewal of NPDES permit for discharge of treated mine drainage in Fannett Township, Franklin County, receiving stream:  tributary to Dry Run. Application received July 10, 2003. Renewal issued August 26, 2003.

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

   10960304 and NPDES Permit PA0227218. Quality Aggregates, Inc. (200 Neville Road, Neville Island, PA 15225). Transfer of an existing limestone operation from North Washington Limestone, Inc. in Washington Township, Butler County affecting 186.0 acres. Receiving streams:  unnamed tributary to South Branch Slippery Rock Creek. Application received December 2, 2002. Permit received August 22, 2003.

ABANDONED MINE RECLAMATION

   Cambria Office:  286 Industrial Park Road, Ebensburg, PA 15931-4119, (814) 472-1800.

Bond Forfeiture Contract Awarded BF 472-101.1
Location Jefferson Township,
Greene County
Description Act 181 Bond Forfeiture Reclamation Project CT & LT Enterprise
Contractor Amerikohl Mining, Inc.
Amount $130,155
Date of Award July 31, 2003
Bond Forfeiture Contract Awarded BF 372-101.1
Location McCalmont Township,
Jefferson County
Description Act 181 Bond Forfeiture Reclamation Project Glenn Coal Company
Contractor P & N Coal Company
Amount $290,998
Date of Award August 15, 2003
Bond Forfeiture Contract Awarded DMF 011-101.1
Location Adams Township, Cambria County
Description Act 181 Bond Forfeiture Reclamation Project Meadows & Leonard Mining, Inc.
Contractor Hoffman Mining, Inc.
Amount $186,983
Date of Award August 19, 2003

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (73 P. S. §§ 151--161) and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.

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

   64034013. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting in Berlin Township, Wayne County with an expiration date of August 10, 2004. Permit issued August 25, 2003.

   22034020. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting in Lower Paxton Township, Dauphin County with an expiration date of December 20, 2003. Permit issued August 25, 2003.

   06034045. Keystone Drilling & Blasting Specialist, Inc. (27 Independence Road, Mountaintop, PA 18707) and Austin Powder (P. O. Box 289, Northampton, PA 18067), construction blasting in Bern Township, Berks County with an expiration date of April 20, 2004. Permit issued August 25, 2003.

   45034036. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting in Smithfield Township, Monroe County with an expiration date of August 12, 2004. Permit issued August 25, 2003.

   67034057. M & J Explosives, Inc. (P. O. Box 608, Carlisle, PA 17013), construction blasting in East Manchester Township, York County with an expiration date of September 30, 2004. Permit issued August 26, 2003.

   21034047. M & J Explosives, Inc. (P. O. Box 608, Carlisle, PA 17013), construction blasting in South Middleton Township, Cumberland County with an expiration date of September 30, 2004. Permit issued August 26, 2003.

   36034085. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting in West Lampeter Township, Lancaster County with an expiration date of December 31, 2004. Permit issued August 26, 2003.

   67034058. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting in Lower Windsor Township, York County with an expiration date of December 31, 2004. Permit issued August 26, 2003.

   46034033. Labrador Construction (P. O. Box 1379, Marshalls Creek, PA 18335) and Austin Powder Company (559 Nor-Bath Company, Northampton, PA 18067), construction blasting in Hatfield Township, Montgomery County with an expiration date of October 1, 2004. Permit issued August 27, 2003.

   23034014. Brubacher Excavating, Inc. (P. O. Box 528, 825 Reading Road, Bowmansville, PA 17507), construction blasting in Bethel Township, Delaware County with an expiration date of September 21, 2004. Permit issued August 27, 2003.

   28034027. John W. Gleim, Jr., Inc. (625 Hamilton Street, Carlisle, PA 17013), construction blasting in Guilford Township, Franklin County with an expiration date of December 21, 2003. Permit issued August 27, 2003.

   21034048. John W. Gleim, Jr., Inc. (625 Hamilton Street, Carlisle, PA 17013), construction blasting in Silver Spring Township, Cumberland County with an expiration date of March 20, 2004. Permit issued August 27, 2003.

   28034028. Geological Technologies, Inc. (715 Baltimore Street, Martinsburg, WV 25401), construction blasting in Antrim Township, Franklin County with an expiration date of November 21, 2003. Permit issued August 27, 2003.

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

   10034002. Forbes Excavating (R. D. 6, Box 344, New Castle, PA 16101). Blasting activity permit to develop future sites in the Industrial Park in Clinton Township, Butler County for 90 days. Application received August 21, 2003. Application issued August 26, 2003.

   33034001. Glenn O. Hawbaker, Inc. (P. O. Box D, DuBois, PA 15801). Blasting activity permit to expand the DuBois Jefferson County Airport in Washington Township, Jefferson County for 120 days. Application received August 21, 2003. Application issued August 26, 2003.

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

   29034001. Wampum Hardware Company (2856 Stoystown Road, Friedens, PA 15541). Blasting activity permit issued for a road construction project SR Rt. 0030 Section 02S in Brush Creek and Licking Creek Townships, Fulton County. Expected duration of blasting is 365 days. Permit issued August 27, 2003.

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

   65034004. Brentzel Contracting (217 Fifth St., Irwin, PA 15642), for construction blasting, in Hempfield Township, Westmoreland County, with an expected duration of 150 days. Permit issued August 19, 2003.

   02034007. Pyramid Excavating, Inc. (650 Washington Rd., Pittsburgh, PA 15228), for construction blasting, in Collier Township, Allegheny County, with an expected duration of 365 days. Permit issued August 27, 2003.

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary 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 decision law.

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

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

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

   The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).

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

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary 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 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 P. S. §§ 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.

   E39-417. City of Bethlehem, Department of Parks and Public Properties, 10 East Church Street, Bethlehem, PA 18018. City of Bethlehem, Lehigh County, Army Corps of Engineers Philadelphia District, Subbasin 2-C.

   To remove an existing building and various other site amenities and to construct and maintain the West Sand Island Park Improvement Project in the floodplain and floodway of the Lehigh River and Lehigh Canal. Improvements include:  (1) a 12-foot wide boat dock cantilevered approximately 6 feet over the Lehigh Canal; (2) two 12-foot wide fishing piers cantilevered approximately 4 feet over the Lehigh Canal; (3) a 16-foot wide precast-concrete boat launching ramp extending 15 feet into the Lehigh River; (4) a 24-inch diameter outfall pipe with an 8-foot wide by 24-foot long riprap apron in the floodway of the Lehigh River; and (5) various other site amenities in the floodplain of the Lehigh River including a picnic pavilion/storage building, restroom facilities, parking facilities, gravel paths, site lighting, minor grading, landscaping and utilities. West Sand Island Park is between the Lehigh River (WWF, perennial) and Lehigh Canal (CWF, perennial), approximately 0.35 mile north of the intersection of SR 0378 and SR 0412 (Allentown East, PA Quadrangle N:  20.9 inches; W:  1.5 inches). The project proposes to directly affect 52 linear feet of stream and 0.004 acre of floodway.

   E45-449. Antoine and Albina Baroudi, 3 Yardley Court, Erial, NJ 08081. Jackson Township, Monroe County, Army Corps of Engineers Philadelphia District, Subbasin 01-E.

   To maintain an existing private bridge having a single span of approximately 16.0 feet and underclearance of approximately 9.75 feet across Appenzell Creek (HQ CWF, perennial). The entire superstructure of the existing bridge was replaced under Emergency Permit EP4503401. The project is along SR 3021 (Neola Road), approximately 0.3 mile downstream of SR 3026 (Saylorsburg, PA Quadrangle N:  19.1 inches; W:  14.3 inches). The project affected 12 linear feet of stream.

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

   E22-462:  Township of Derry, 235 Hockersville Road, Hershey, PA 17033 in Derry Township, Dauphin County, ACOE Baltimore District.

   To install and maintain a bicycle/pedestrian bridge to cross an unnamed tributary to the Swatara Creek (WWF), just north of Wood Road and west of the intersection of Wood and Bullfrog Valley Roads and to install and maintain dumped rock protection in accordance with GP-3 along an unnamed tributary to Swatara Creek, just south of Wood Road (Hershey, PA Quadrangle Lat:  40° 15` 29"; Lon:  76° 41` 07") in Derry Township, Dauphin County.

   E31-187:  Juniata Valley School District, R. R. 1, P. O. Box 318, Alexandria, PA 16611 in Porter Township, Juniata County, ACOE Baltimore District.

   To rehabilitate and maintain a 725-foot reach of an intermittent and perennial, unnamed tributary of the Frankstown Branch of the Juniata River (WWF) directly behind the Juniata Valley High School (Alexandria, PA Quadrangle N:  11.1 inches; W:  10.65 inches) in Porter Township, Huntingdon County. The project will involve the excavation of pools, the placement of stone and cross vanes for riffle and step-pool creation, the filling of 235 feet of side channel and floodway excavation and grading. A 5-foot pedestrian bridge and a 40-foot culvert crossing have been waived under 105.12(a)(2). The project proposes to directly affect 770 feet of the unnamed tributary to the Frankstown Branch of the Juniata River.

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

   E12-139. Department of Transportation, Engineering District 2-0, Clearfield, PA 16830. Four Mile Hollow Stream Crossing in Shippen Township, Cameron County, ACOE Baltimore District (Rich Valley, PA Quadrangle N:  15.7 inches; W:  8.4 inches).

   To remove the existing single span concrete slab bridge along the abutments and construct, operate and maintain a reinforced concrete box culvert. The box culvert shall have a minimum underclearance of 4.25 feet and have a span of 14 feet. The actual rise of the structure shall be 5.25 feet but contain an invert depression of 1 foot to allow for aquatic passage through the structure. A temporary road crossing is also authorized with this permit. The temporary road crossing shall be constructed of a diversion dike system (concrete barrier lined with polyethylene 6 mil liner and capped with sandbags) and a 36-inch culvert pipe to convey the flow around the work area. All fills over the crossing shall be free of fines and constructed of nonerodible material. The construction activities will have temporary wetland impacts of .026 acre and the entire project will permanently impact .036 acre of wetlands. The wetland vegetation under the temporary roadway will be protected by placing geotextile over the ground surface prior to placing any fill material for the roadway. Once construction is complete all original grades temporarily impacted by all construction activities shall be restored to their original grades and contours. Since Fourmile Hollow is a HQ CWF, indigenous plantings shall be placed to restore all upland and wetland vegetation that was impacted by the construction activities. This project is 7 miles north on SR 46 from Emporium.

   E14-449. Department of Transportation, Engineering District 2-0, 1924-30 Daisy Street, Clearfield, PA 16830. SR 4002 Section A01 Bridge Replacement in Snow Shoe Township, Centre County, ACOE Susquehanna River Basin District (Snow Shoe, PA Quadrangle N:  9.9 inches; W:  11.1 inches).

   To remove the existing bridge and appurtenant substructures and:  (1) to construct and maintain a precast reinforced concrete box culvert with a single clear span of 16.0 feet (16.0 feet normal), 4.25-foot rise (1-foot depressed invert) and 32.0-foot long with precast reinforced concrete inlet and outlet end section; (2) realign existing drainage ditches along the downstream roadway embankments due to the increased roadway width and proposed approach roadway guide rail; (3) construct a drainage system consisting of a Type D Endwall, inlets, 24-inch thermoplastic pipe, 30-inch thermoplastic pipe and 30-inch reinforced concrete pipe with R-5 rock aprons at the inlet and outlet of the drainage system; (4) permanently fill 0.044 acre of wetland as a result of roadway embankment placement, culvert construction, proposed rock protection, new utility poles and the proposed drainage system; and (5) place R-6 riprap for scour protection at the inlet and outlet of the proposed culvert. The project is 2.1 miles east of the intersection of SR 144 and SR 4002 along SR 4002.

   E41-528. James and Joni Frank, 881 Browns Lane, Linden, PA 17744. Small Projects Water Obstruction and Encroachment Joint Permit Application in Woodward Township, Lycoming County, ACOE Susquehanna River Basin District (Linden, PA Quadrangle N:  15.75 inches; W:  4.75 inches).

   To construct and maintain a 31-foot 1-inch long by 12-foot 1-inch wide residential structure in the floodway of the West Branch of the Susquehanna River, 0.9 mile south of SR 0220 along Browns Lane in Woodward Township, Lycoming County. The construction granted under this permit is an enclosed porch conversion to residential living area, no new construction is taking place. This permit was issued under section 105.13(e) ''Small Projects.''

   E57-101. Dushore Volunteer Fire Company No. 1, P. O. Box F, Dushore, PA 18614. Fire Company Building Addition in Dushore Borough, Sullivan County, ACOE Baltimore District (Dushore, PA Quadrangle N:  4.25 inches; W:  3.90 inches).

   To construct and maintain a 16-foot by 40-foot addition to the existing fire fighting building in the floodway of Dushore Creek (CWF) on the north side of SR 4018 about 200 feet west of the intersection of SR 4018 with SR 0220 in Dushore Borough, Sullivan County. The project will not impact wetlands or waterways. Approximately 0.03 acre of earth will be disturbed by the project. This permit was issued under section 105.13(e) ''Small Projects.''

   E59-439. Mansfield Borough, 19 East Wellsboro Street, Mansfield, PA 16933. Ellen Run Restoration Project from SR 0015 east to U. S. Army Corps of Engineers Property in Mansfield Borough, ACOE Baltimore District (Mansfield, PA Quadrangle N:  9.8 inches; W:  12.1 inches).

   To realign the stream channel and to construct, operate and maintain a minimum of 12 in-stream structures for grade control or stabilization of Ellen Run. The channel relocation and stream restoration project shall be limited to a minimum length of 2,000 feet in Ellen Run. Construction of channel profile, geometry and meander pattern, as well as in-stream structures, shall be constructed during stream flow conditions ample to determine stream flow centerline. All in-stream structures, boulder revetment and stacked stonewall shall be constructed and maintained with durable, large blocky rock. Within 20 days of completing the Ellen Run Restoration Project, the permittee shall submit as-built plans of the restored stream reach to the Department. Through a qualified representative that is approved by the Department in writing, the permittee shall conduct construction and post-construction monitoring. The project is along the south right-of-way of SR 0006 immediately east of SR 0015 and SR 0006 intersection. This permit does not authorize any temporary or permanent impact to the wetlands adjacent to project area. This permit also authorizes the construction, operation, maintenance and removal of temporary access roads, channel diversions, cofferdams and stockpiles in and along Ellen Run. All temporary facilities used for project construction shall be removed from floodplain areas; upon project completion, all areas of disturbance shall be restored and stabilized.

   E59-445. Department of Transportation, 715 Jordan Avenue, Montoursville, PA 17754-0218. West Branch Tony Fork Culvert replacement in Delmar Township, Tioga County, ACOE Baltimore District (Tiadaghton, PA Quadrangle N:  8.4 inches; W:  3.3 inches).

   To remove the existing single span I-beam bridge structure in its entirety and to construct, operate and maintain a concrete box culvert measuring 19 feet wide by 9 feet tall and has a curb-to-curb width of 28 feet. There shall be a 1-foot depression of the invert elevations leaving the actual height of structure to be 8 feet. Flow during construction is authorized to be diverted through a culvert pipe for clean water conveyance. The structure will impact 100 linear feet of the West Branch of Stony Fork (CWF).

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

   E63-541. Cross Creek Township, 28 Clark Avenue, Avella, PA 15312. Parker Road Bridge in Cross Creek Township, Washington County, Pittsburgh ACOE District (Latitude:  40° 17` 41"--Longitude:  80° 26` 0") (Avella, PA Quadrangle N:  8.1 inches; W:  8.2 inches). To remove the existing twin 48-inch diameter culverts and to construct and maintain two 72-inch diameter culverts (depressed 1.0 foot below the stream bed) in Middle Fork Cross Creek (HQ-WWF) for the purpose of improving Parker Road. The project is on Parker Road (T-433) approximately 1,500 feet west from the intersection of Parker Road (T-433) and T-733. This project proposes to permanently impact 40.0 linear feet of Middle Fork Cross Creek.

ENVIRONMENTAL ASSESSMENTS

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

   E16-004NW, Aquascape Wetland and Environmental Services, 147 South Broad Street, Grove City, PA 16127, Culbertson Restoration Area in Perry Township, Clarion County, ACOE Pittsburgh District (Parker, PA Quadrangle N:  19.0 inches; W:  1.0 inch).

   To remine and reclaim 71 acres of abandoned surface mine land through a Government Financed Construction Contract (GFCC). An additional 20 acres of previously reclaimed surface mine acreage will also be enhanced under this project. The project will impact 11 PEM/PSS wetland areas totaling 1.07 acres, 800 linear feet of an unnamed tributary (CWF) to the Allegheny River and 0.25 acre of deepwater aquatic habitat associated with an impoundment from previous mining activity. Mitigation of wetland, stream and deepwater impacts will be addressed in the GFCC.

   The proposal by RFI Energy, Inc. (555 Philadelphia Street, Indiana, PA 15701) to enter into a Government Financed Reclamation Construction Contract was received by the Knox District Office on August 6, 2003, with permit application nos. 16-03-04 and NPDES Permit PA0242438.

WATER QUALITY CERTIFICATIONS

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

   Except as otherwise noted, on September 3, 2003, the Department of Environmental Protection (Department), under section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)), certifies that the operation herein described will comply with the applicable provisions of sections 301, 302, 303, 306 and 307 of the act and that the operation will not violate applicable Federal and State water quality standards, provided the following requirements are met:

   1.  The project shall be operated in a run-of-river mode from April 1 through June 20 each year, with impoundment levels held constant at 1,092.5 feet above MSL +/- 0.5 foot.

   2.  Project impoundment levels shall be maintained from June 21 through March 31 in a manner as to protect Statewide water uses.

   3.  The project shall maintain a minimum conservation release of the lesser of project inflow or 158 cfs from June 21 through October 31.

   4.  The project shall provide conservation releases from November 1 through March 31 by passing 500 cfs for no less than two separate 4-hour blocks each day.

   5.  The project shall release a minimum of 600 cfs for the express purpose of recreational drift boating in the lower Clarion River on at least three Saturdays during the period from June 21 through October 31.

   6.  REMA shall develop and submit to the Department a monitoring plan providing for the monitoring of dissolved oxygen, water temperature, fish and benthic macroinvertebrates in the project vicinity.

   7.  REMA shall pursue a petition for redesignation of the reach of the Clarion River from the head of the Project impoundment to its confluence with the Allegheny River from CWF to WWF for aquatic life protection.

   8.  Certain other requirements and provisions as detailed in the Certification document dated August 29, 2003.

   Final or proposed action on certain other certification requests for projects which require both a Water Obstruction and Encroachment permit and either a U. S. Army Corps of Engineers individual permit or a Nationwide permit 14, 18 or 26 will be published with Actions of Applications filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).

   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 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 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.

   Regional Office:  Regional Manager, Water Management Program, Northwest Region, 230 Chestnut Street, Meadville, PA 16335.

   Certification Request Initiated by Reliant Energy Mid-Atlantic Power Holdings, LLC (REMA), 1001 Broad Street, P. O. Box 1050, Johnstown, PA 15907-1050.

   Date of Initial Pennsylvania Bulletin Notice:  33 Pa.B. 3640 (July 26, 2003)

   Project Description:  On September 3, 2002, the Department issued a Clean Water Act Section 401 Certification (Certification) for the operation of the Piney Hydroelectric Project near the Borough of Clarion in Clarion County. This action was published at 32 Pa.B. 4777 (September 28, 2002). On October 9, 2002, REMA appealed this action to the Environmental Hearing Board (EHB Docket No. 2002-242-R). Subsequent to the appeal, the Department and REMA entered into discussions in an effort to settle this matter. These discussions have resulted in changes to the Certification as highlighted in this notice. This Certification supercedes the previously issued Certification.

   Location:  Near the Borough of Clarion in Piney Township, Clarion County, ACOE Pittsburgh District (Clarion, PA Quadrangle N:  12.125 inches; W:  8.125 inches).

   Final Action on Request:  August 29, 2003


SPECIAL NOTICES

Certification to Perform Radon-Related Activities in this Commonwealth

   In the month of August 2003, the Department of Environmental Protection, under the Radon Certification Act (63 P. S. §§ 2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the following persons to perform radon-related activities in this Commonwealth. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in this Commonwealth and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, ((800) 23RADON).

Name Address Type of
Certification
Airtech Radon Services, Inc.251 Fox Meadow Drive Mitigation
Wexford, PA 15090
Richard Armstrong 1268 Laurelwood Road Testing
Pottstown, PA 19465
Diane Clerkin3461 St. Vincent StreetTesting
Philadelphia, PA 19149
Richard Delaney, Jr. 275 Pioneer Road Testing
Franklin, PA 16323
Rene DeWitt 269 Burch DriveTesting
Moon Township, PA 15108
Joseph Flounlacker 370 Dohner Drive Mitigation
Lancaster, PA 17602
Joseph Hancaviz 406 Cherry Hill Road Testing
Nazareth, PA 18064
Anthony LaMastra 1005 Old 22 Testing and Laboratory
A. B. E. Radiation Measurements Laboratory Lenhartsville, PA 19534
Robert Lloyd 1678 Walnut Bottom Road Testing
Newville, PA 17241
Lawrence Nies 11021 May Road Testing
Wattsburg, PA 16442
Rachelle Painter780 Pierson Run Road Testing
Pittsburgh, PA 15239
Lynne Russell 6 Woodledge Village Testing
Hawley, PA 18428
David Scott417 Pikeland Avenue Testing
Spring City, PA 19475
Martin Smith 3650 Concorde Parkway Laboratory
U. S. Inspect, Inc. Suite 100
Chantilly, VA 20151
Three Rivers Inspection 1153 Stowe Avenue Testing
& Engineering, Inc. McKees Rocks, PA 15136
Michael Tyrell 720 Sourwood Lane Testing
Collegeville, PA 19426
Deborah Urenovitch 75 South Hunter Highway Testing
Drums, PA 18222

Requests for Certification under section 401 of the Federal Water Pollution Control Act

   The following requests have been made to the Department of Environmental Protection (Department) for certification under section 401(a) of the 1972 amendments to the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). There is reasonable assurance that the construction herein described will not violate applicable Federal and State water quality standards.

   Prior to final approval of the proposed certification, consideration will be given to any comments/suggestions/objections which are submitted in writing within 30 days of the date of this notice. Comments should be submitted to the Department at the address indicated before the requests for certification. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments/objections are addressed and a concise statement of comments/objections/suggestions in sufficient detail to inform the Department of the exact basis of the proposal and the relevant facts upon which it is based. The Department may conduct a fact-finding hearing or an informal conference in response to any given comments if deemed necessary to resolve conflicts. Individuals will be notified in writing of the time and place of a scheduled hearing or conference concerning the certification request to which the protest relates. Maps, drawings and other data pertinent to the certification request are available for inspection and review at the address indicated before the request for certification between 8 a.m. and 4 p.m., each working day.

   Southeast Regional Office, Regional Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428-2233, (610) 832-6130.

Certification Request Initiated By: Weston Solutions, Inc.
1400 Weston Way
P. O. Box 2653
West Chester, PA 19380
Project Description/Location: This activity involves the discharge of supernatant from the USACE Fort Mifflin Confined Disposal Facility (CDF) in the Delaware Estuary--Zone 4. The supernatant will be generated through the disposal of approximately 17,000 cubic yards of sediment dredged from a proposed maintenance dredging project at the DRPA Philadelphia Cruise Terminal. Hydraulic dredging will be used to remove the sediment, which will be transported by pipeline to the Fort Mifflin CDF.
Re 30 (RN03) 240-17

BUREAU OF DEEP MINE SAFETY

Approval of Request for Variance

   The Department of Environmental Protection, Bureau of Deep Mine Safety (Bureau) has approved Mears Enterprises, Inc.'s request for a variance from the requirements of section 242(c) of the Pennsylvania Bituminous Coal Mine Act (act) at the Dora No. 8 Mine. This notification contains a summary of this request and the basis for the Department's approval. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the Bureau website at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   Summary of the Request:  Mears Enterprises, Inc. requested a variance from section 242(c) of the act to allow for the common ventilation of belt conveyor entry with other entries at the Dora No. 8 Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements set forth in the act.

   The basis for the Bureau's approval is summarized as follows:

   1.  The Logi-Tec LTPA98 Point Carbon Monoxide (CO) Monitoring System will provide advance warning of a developing mine fire originating in the conveyor belt entry. When maintained and operating correctly, this system provides warnings much earlier than the point type heat sensors. This system will supplement the belt conveyor automatic fire-warning device.

   2.  The operator will maintain a separate isolated intake escapeway that is at a higher air pressure than the belt and common entries.

   3.  The plan provides for the common entries to serve as an alternate intake escapeway. There will be a total of three separate, isolated escape routes. Open crosscuts between the common entry travelways and the belt conveyor entry increase the likelihood that personnel traveling in the common entries will be able to hear or smell potentially hazardous conditions and quickly correct them.

   4.  Common entries would provide easier access to the belt entry for maintenance thus reducing the risk of material handling injuries.

   This approval is limited to a variance from the requirements in section 242(c) of the act requiring that the belt entry is isolated from other entries. All other terms and requirements of section 242(c) of the act shall remain in effect. Continued authorization for operation under the approval is contingent upon compliance with the measures described in the plan and the following conditions:

   1.  All mine employees shall be task trained in the Logi-Tec LTPA98 Point CO monitoring system alert and alarm response procedures. These procedures shall also be included in the 8-hour annual retraining.

   2.  As part of the requirements of section 228 of the act, all belt entries, common entries and unfenced roadways shall be preshifted in their entirety.

   3.  A preshift date board shall be placed at each CO sensor location.

   4.  Designated areas shall be established at strategic locations along the belt entry and common entry to determine whether the air is traveling in the proper course and normal volume. This air reading shall be taken by a scientific means (anemometer, chemical smoke tube, velometer) during the preshift exam and recorded in the official record book.

   5.  An additional CO monitor shall be installed in-by the Main B belt drive.

   6.  Belt air velocities shall be maintained equal to or greater than 50 fpm in the panel-room belt entry. Construction of ventilation devices in the common entries may be required to ensure the by-products of a fire (CO) reach the CO monitor in a timely manner.

[Pa.B. Doc. No. 03-1796. Filed for public inspection September 12, 2003, 9:00 a.m.]



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