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PA Bulletin, Doc. No. 04-1920d

[34 Pa.B. 5814]

[Continued from previous Web Page]

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

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

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

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

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

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


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

   Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTION S AND ENCROACHMENTS

   Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401

   E09-870. Township of Middletown, 3 Municipal Way, Langhorne, PA 19047, Middletown Township, Bucks County, ACOE Philadelphia District.

   To perform the following activities associated with the proposed Delaware Avenue Park Flood Abatement Project:

   1.  To construct approximately 1,300 linear feet of watercourse to facilitate the relocation and filling of approximately 1,200 linear feet of an unnamed tributary to Mill Creek (WWF).

   2.  To construct and maintain an approximately 1,033-foot long earthen flood levee and two floodwalls measuring approximately 417 feet and 750 feet long within the floodplain of the unnamed tributary to Mill Creek impacting 1,200 linear feet of stream and 0.01 acre of adjacent wetlands (PFO). The height of the flood levee berm and the floodwall will be an elevation of 87.90 and the top of the berm will be 10 feet wide. The total length of the flood control project will be 2,200 feet.

   3.  To construct and maintain an outfall structure, a stormwater basin and a collection system associated with the interior drainage of the flood control structure.

   4.  To construct and maintain a footbridge across the proposed relocated channel.

   The project proposes to directly impact a total of 1,200 linear feet of watercourse and 0.01 acre of wetlands (PFO). The site is located just southwest of the intersection of Lincoln Highway (S. R. 0001) and New Rodgers Road (S. R. 0413) (Langhorne, PA USGS Quadrangle N:  6.5 inches; W:  4.2 inches).

   The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.

   E15-701. Cold Springs Run, Inc., 21 S. Church Street, West Chester, PA 19382, West Goshen Township, Chester County, ACOE Philadelphia District.

   To construct and maintain the following water obstructions and encroachments associated with the construction of a 16-lot residential subdivision:

   1.  To construct and maintain a 50-foot long triple cell, open bottom arch bridge, with waterway openings consisting of a middle 32-foot span by 5-foot high arch and a 20-foot span by 5-foot high arch on each side. The structure will cross Westtown Road Run, a tributary to Chester Creek (TSF) and adjacent wetlands. Approximately 90 feet of stream and 0.18 acre of wetlands will be temporarily impacted during construction.

   2.  To place and maintain fill in 0.02 acre of wetland (PEM) for the approaches of the bridge.

   3.  To install an 8-inch water utility line across Westtown Road Run and adjacent wetlands east of the bridge.

   4.  To install two sanitary sewer utility line crossings under Westtown Road Run and adjacent wetlands. The northern crossing will be installed via trench, temporarily impacting 17 feet of stream and 0.03 acre of wetland. The southern crossing will be directionally bored under the stream.

   5.  To place and maintain fill in approximately 390 feet of an ephemeral stream channel. The channel is a tributary to Westtown Road Run.

   The permittee shall construct 0.20 acre of replacement wetland to compensate for the proposed impacts.

   The site is located on the south side of Old Westtown Road with its northeast edge located approximately 272 feet south of the intersection of Old Westtown Road and Westtown Road in West Goshen Township, Chester County (West Chester, PA Quadrangle N:  14.00 inches, W:  10.0 inches).

   The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act.

   E15-714. Edwin J. Gold c/o Planco, 1500 Liberty Ridge Drive, Suite 100, Wayne, PA 19087, Schuylkill Township, Chester County, ACOE Philadelphia District.

   To modify and maintain existing reservoirs with in the 100-year floodplain of an unnamed tributary of Pickering Creek (HQ-TSF). Reservoir ''A'' will be dewatered to facilitate shoreline alteration and deepening by approximately 3 feet to provide maximum depth of 8 feet. The outlet works of nonjurisdictional dam ''A'' will be modified by capping the existing 12-inch PVC outfall and constructing a spillway outlet structure that will direct flow to existing reservoir ''B.'' Reservoir ''B'' will be dewatered for shoreline rehabilitation. The outlet works of nonjurisdictional dam ''B'' will be modified by capping the existing 12-inch PVC outfall and constructing a spillway outlet structure that will direct flow to proposed outlet basin ''C.'' Outlet basin ''C'' is about 80 feet long and 60 feet wide includes a 10-inch RCP outfall structure and riprap apron to outfall structure along unnamed tributary of Pickering Creek. Work within Reservoirs A and B will temporarily impact 1.15 acres of open waters during construction.

   This permit includes an environmental assessment approval to modify two nonjurisdictional dams as previously noted.

   The site is located about 2,500 feet southwest of intersection of White Horse and Valley Park Roads (Malvern, PA USGS Quadrangle N:  18.0 inches, W:  1.2 inches).

   The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.

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

   E54-313. Jason C. Leininger and Heather L. Leininger, 93 North Tulpehocken Street, Pine Grove, PA 17963-1216. Pine Grove Borough, Schuylkill County, Army Corps of Engineers Baltimore District.

   To remove the existing structure and to construct and maintain a 24-foot by 34-foot garage and a 20-foot round aboveground swimming pool in the floodway of Swatara Creek (CWF). The project is located at 93 North Tulpehocken Street approximately 0.25 mile northwest of Pottsville Road (SR 0443) (Pine Grove, PA Quadrangle N:  9.9 inches; W:  2.1 inches) (Subbasin: 06D).

   E40-634. Thomas and Patricia Castellano, R. R. 1, Box 74A, Harveys Lake, PA 18618. Harveys Lake Borough, Luzerne County, Army Corps of Engineers Baltimore District.

   To modify and maintain an existing dock and boathouse in Harveys Lake (HQ-CWF), having a total area of approximately 1,220 square feet, with work including construction of a pile-supported addition, having an area of approximately 450 square feet. The structure extends approximately 48 feet from the shoreline and has an overall width of approximately 47 feet. The project is located along the northern shoreline of the lake, between Barnum Street and Newmarth Street (Harveys Lake, PA Quadrangle N:  22.1 inches; W:  6.8 inches) (Subbasin: 5B).

   E40-632. CAN DO, Inc., One South Church Street, 200 Renaissance Center, Hazleton, PA 18201. Hazle Township, Luzerne County, Army Corps of Engineers Baltimore District.

   To place fill or regrade within PSS wetlands, impacting 0.95 acre, for the purposes of extending Humboldt Drive and constructing a warehouse/distribution facility and associated stormwater management facilities on Lot 105 of the Humboldt Industrial Park East. The permittee is required to provide 0.95 acre of replacement wetlands. The project is located on the western side of S. R. 0081, approximately 4,000 feet south of S. R. 0924 (Conyngham, PA Quadrangle N:  10.5 inches; W:  3.5 inches) (Subbasin: 5D).

   E35-370. Karf, LLC, 1000 Greenbriar Drive, Clarks Summit, PA 18411. Clarks Summit Borough, Lacka- wanna County, Army Corps of Engineers Baltimore District.

   To construct and maintain various site amenities including parking facilities, access roads, storm drainage facilities, site lighting, gas service and electrical service in the floodway of a tributary to Leggetts Creek (CWF). The site amenities are associated with the construction of Parcel # 2 and Parcel # 3 of the Summit Galleria Commercial Development. The project is located on the northeast side of Routes 6 and 11 approximately 0.4 mile southeast of its intersection with SR 0407 (Grove Street) (Scranton, PA Quadrangle N:  20.4 inches; W:  9.8 inches) (Subbasin: 05A).

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

   E06-592. Earl Township, 19 Schoolhouse Road, Boyerstown, PA 19512, Earl Township, Berks County, ACOE Baltimore District.

   To remove an existing 57-inch CMP and to construct and maintain a single cell concrete box culvert having an 8-foot span and 3.5-foot rise carrying Woodchoppertown Road (T-579) over Furnace Run (CWF) (Boyertown, PA Quadrangle N:  18.6 inches; W:  14.3 inches) in Earl Township, Berks County. The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.

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

   E12-148. Cameron County Conservation District, 20 East Fifth Street, Room 105, Emporium, PA 15834. Schatz and Venture Stabilization Sites, in Shippen Township, Cameron County, ACOE Baltimore District (Rich Valley, PA Quadrangle N:  6.45 inches; W:  6.55 inches).

   To construct, operate and maintain two stream restoration projects consisting of the Venture site, which proposes to relocate 780 linear feet of Clear Creek (HQ-CWF) to stabilize failing banks and to re-establish a floodplain capacity. The project also proposes three ''J'' Hook rock structures and four Cross Vane rock structures to assist in stabilizing the newly constructed stream. The Schatz site proposes to remove a gravel bar and stabilize the stream bank totaling 650 linear feet of the Driftwood Branch of the Sinnemahoning Creek (TSF). Two ''J'' Hook rock structures and two Cross Vane rock structures are proposed to add stability to the project. All structures shall be constructed in accordance with the plans and specifications. This project is located in Shippen Township, Cameron County.

   E12-149. Cameron County Commissioners, East Fifth Street, Emporium, PA 15834. Bridge construction, in Shippen Township, Cameron County, ACOE Baltimore District (West Creek, PA Quadrangle N:  21.9 inches; W:  3.4 inches).

   To: (1) remove the existing four span steel girder bridge which has an open steel deck, reinforced concrete piers and abutments, a clear normal span of 97.4 feet and to construct and maintain; (2) a single span prestressed concrete spread box beam bridge 108.48 foot long with a minimum underclearance of 11.09 feet, a waterway opening of 1083 square feet and to construct and maintain; (3) 4-J hook stream restoration structures of R-8 rectangular and subangular native rock, one is located about 225 feet north of the centerline of the proposed bridge and the other three are located on the downstream side to a distance of about 200 feet from the proposed bridge centerline; (4) native rock, abutment demolition rock and trees/root wad Natural Bank Revetment for distances of 75 feet beginning at the south west abutment proceeding downstream and 175 feet beginning at the south east abutment proceeding downstream; and (5) about 125 linear feet by 35 feet wide R-5 rock stabilized channel, five rock check dams and about 330 linear feet of natural material rock bank revetment (165 feet each side) from the mouth proceeding upstream of an unnamed tributary which discharges to wetlands at the south east side of the proposed bridge. The proposed bridge is located on T-345 about 200 feet from the intersection of T-345 with SR 0120. The project will create about 0.65 acre of earth disturbance. The project will impact about 0.294 acre of wetlands and 700 feet of waterway. West Creek is a High Quality--Cold Water Fisheries stream.

   E14-463. Frost Family Limited Partnership, John D. Frost, 4100 Lake Otis Parkway, Anchorage, AK 99508. Bridge construction, in Snow Shoe Township, Centre County, ACOE Baltimore District (Snow Shoe SE, PA Quadrangle N:  7.25 inches; W:  16.50 inches).

   To construct and maintain a prefabricated 12 foot by 44 foot steel bridge on top of two concrete abutments which will be set 3 feet into the stream bank and backfilled with about 50 tons of number 4 limestone. The proposed bridge will be located over the South Fork of Beech Creek in a private driveway about 1.5 miles downstream of SR 144 and 4,000 feet south of the North Fork Gaging Station.

   The project will not impact wetlands while impacting about 20 feet of waterway and causing 1,000 square feet of earth disturbance.

   The South Fork of Beech Creek is a cold-water fisheries stream. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

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

   E10-395, Department of Transportation, Engineering District 10-0, P. O. Box 429 Indiana, PA 15701-0429, S. R. 3034 Culvert Replacement in Semiconon Run, in Franklin Township, Butler County, ACOE Pittsburgh District (Prospect, PA Quadrangle N:  3.0 inches; W:  3.1 inches).

   To remove the existing twin 36-inch diameter 40-foot long corrugated metal pipes and to install and maintain twin 42-inch diameter reinforced concrete pipes located at a point along S. R. 3034 (Purvis Road) within Semiconon Run (CWF) approximately 1.2 miles east of the intersection of S. R. 3034 and S. R. 0528.

   E24-218, Albert Prechtl, 1300 Brussells Street, St. Marys, PA 15857. North Branch Elk Creek Crossing Culvert Amendment, in City of St. Marys, Elk County, ACOE Pittsburgh District (Saint Marys, PA Quadrangle N:  11.9 inches; W:  7.4 inches).

   To amend Permit E24-218 which authorizes Albert Prechtel to install and maintain twin 30-foot long, 60-inch diameter concrete culverts in North Branch Elk Creek on a private driveway extending east from Washington Road approximately 1 mile north of S. R. 1001.

   The proposed amendment is to install and maintain two additional twin 30-foot long, 60-inch diameter concrete culverts in North Branch Elk Creek for a commercial driveway extending east from Washington Road approximately 1 mile north of S. R. 1001. The project includes installation of wing-walls and gabion basket/riprap protection upstream and downstream of the structure. North Branch of Elk Creek is a perennial stream classified as a cold water fishery. The project proposes to directly affect a total of approximately 70 linear feet of stream channel.

   E42-309, Elk County Fishermen, 6231 Shawmut Road, Ridgway, PA 15853. Twomile Run AMD Wetland Treatment System, in Sergeant Township, McKean County, ACOE Pittsburgh District (Hazel Hurst, PA Quadrangle N:  7.1 inches; W:  3.1 inches).

   To construct and maintain an acid mine drainage treatment system along Twomile Run within the Upper Clarion River Watershed (HQ-CWF) consisting of: anaerobic vertical flow wetland cells, a flushing pond, limestone channel intakes and outfalls, a check dam and other appurtenant structures along with an access roadway having two minor road crossings all at a point approximately 13,750 feet southwest of the intersection of S. R. 0146 and the Wilcox/Clermont Road. This project will have a de minimis impact to 0.047 acre of PEM wetlands.

   Northwest Region:  Oil and Gas Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481

   E43-315. D & L Energy, Inc., 2761 Salt Springs Road, Youngstown, OH 44509. Yesko Pipeline in Sugar Grove Township, Mercer County, ACOE Pittsburgh District (Greenville West, PA Quadrangle N:  13.8 inches; W:  0.5 inch).

   To construct and maintain a 6 inch steel pipeline for transporting natural gas across two (PEM/PSS) wetland areas and an unnamed tributary to the Little Shenango River (TSF, perennial) by the open cut method. The first wetland crossing is approximately 50 feet long and the second approximately 490 feet long. The unnamed tributary is approximately 15 feet wide and 3 feet deep. Approximately 0.037 acre of the approximate 15 acres wetland complex is to be impacted. The project is located approximately 2,700 feet south of the intersection of an abandoned railroad grade and Goetsch Road (T-530).

ENVIRONMENTAL ASSESSMENTS

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

   D44-011EA. Reedsville Milling Company, Inc., P. O. Box 477 Reedsville, PA 17084, Brown Township, Mifflin County, ACOE Baltimore District.

   Project proposes to breach and remove an unnamed dam across Tea Creek (HQ-CWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The dam is located approximately 500 feet east of the intersection of Toll Gate Road (S. R. 1005) and S. R. 655 (Burnham, PA Quadrangle N:  7.7 inches; W:  14.0 inches).

   D54-043EA. Schuylkill County Municipal Authority, 221 South Centre Street, P. O. Box 960, Pottsville, PA 17901. Tremont Township, Schuylkill County. ACOE Baltimore District.

   Project proposes to breach and remove two unnamed dams across Poplar Creek (CWF) to eliminate a threat to public safety and to restore the stream to a free flowing condition. The dams are located on the property of the Schuylkill County Municipal Authority approximately 3/4 mile southwest of the intersection of U. S. Route 209 and S. R. 125. (Pine Grove, PA Quadrangle N:  22.3 inches; W:  3.9 inches).

   EA22-013CO. Dauphin County Conservation District, 1451 Peters Mountain Road, Dauphin, PA 17018. Washington Township, Dauphin County, ACOE Baltimore District.

   Project proposes to breach and remove Shiffer's Mill Dam across Wiconisco Creek (WWF) to eliminate a threat to public safety and to restore the stream to a free flowing condition. The dam is partially breached on the right side and is creating an erosion problem. The dam is located approximately 500 feet northeast of the intersection of Shiffer Mill Road (T400) and Lenker Road (T401) (Elizabethville, PA Quadrangle N:  8.05 inches; W:  16.00 inches).

STORAGE TANKS

SITE-SPECIFIC INSTALLATION PERMITS


The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101--6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Land Recycling and Waste Management, Director, P. O. Box 8763, Harrisburg, PA 17105-8763.

SSIP
Permit No.
Applicant Name & Address
County Municipality       Tank Type Tank Capacity
04-02-022 Stephen J. Carten
Pittsburgh Terminal Corp.
Coraopolis Terminal
P. O. Box 2621
Harrisburg, PA 17105
Allegheny Moon Township       3 ASTs storing
      gasoline/distillate
20,783,000 gallons total


SPECIAL NOTICES

Water Allocation Permit Application Public Hearing; Cambria Somerset Authority

   The Department of Environmental Protection (Department) will be accepting testimony at a public hearing on the Water Allocation Permit Application submitted to the Department by the Cambria Somerset Authority (CSA). In the application, the CSA requested the right to withdraw water, for public water supply purposes, from the waters of the Commonwealth at the following locations:

Quemahoning Reservoir 71 million gallons per day (mgd)
Hinkston Reservoir 10 mgd
Wilmore Reservoir 10 mgd
South Fork Dam Intake 26 mgd
Border Dam Intake 27 mgd
Total withdrawal requested from all sources is 71 mgd.

   This hearing will be held at Heritage Hall A, The University of Pittsburgh at Johnstown, Johnstown, PA, on November 1, 2004, at 6 p.m. Written testimony may be submitted until December 1, 2004, to Department of Environmental Protection, Water Supply Management, 400 Waterfront Drive, Pittsburgh, PA 15222.

   Further information may be obtained by contacting the Department at the previous address or by calling (412) 442-4000 or by e-mailing chcolbert@state.pa.us

   Persons with a disability who wish to attend the hearing and require auxiliary aid, service or other accommodations to participate in the proceedings should call Helen Humphreys Short at (412) 442-4183 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

Water Allocation Permit Application Public Hearing; Somerset County General Authority

____

   The Department will be accepting testimony at a public hearing on the Water Allocation Permit Application submitted to the Department by the Somerset County General Authority (SGA). In the application, the SGA requested the right to purchase up to 4 million gallons per day from the Cambria Somerset Authority. Testimony will also be accepted on the Public Water Supply Permit Application submitted by the SGA at that time. In that application, the SGA proposes to construct a water treatment plant, a finished water storage tank, a water distribution system, two finished water pump stations and related appurtenances.

   This hearing will be held in the Courtroom A, Somerset County Courthouse, 300 North Center Avenue, Somerset, PA on November 9, 2004, at 6:30 p.m.

   Written testimony may be submitted until December 10, 2004, to Department of Environmental Protection, Water Supply Management, 400 Waterfront Drive, Pittsburgh, PA 15222.

   Further information may be obtained by contacting the Department at the previous address or by calling (412) 442-4000 or by e-mailing chcolbert@state.pa.us

   Persons with a disability who wish to attend the hearing and require auxiliary aid, service or other accommodations to participate in the proceedings should call Helen Humphreys Short at (412) 442-4183 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

Abandoned Mine Reclamation; Jenner Township, Somerset County

   Under Act 181 of 1984, the Department solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of the following abandoned strip mine project:

Project Municipality County Acres
BF 00-05-101.1 Jenner Township Somerset 15

   Pelesmitco, Inc. Coal Company, DMP 56901302, on the GM&W Coal Company property requires backfilling and revegetation.

   Letters of interest must be received by Don Barnes, District Mining Manager, Department of Environmental Protection, 286 Industrial Park Road, Ebensburg, PA 15931 by 4 p.m. on November 12, 2004, to be considered.

   Telephone inquiries shall be directed to Don Barnes at (814) 472-1900.

Abandoned Mine Reclamation; Quemahoning Township, Somerset County

   Under Act 181 of 1984, the Department solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of the following abandoned strip mine project:

Project Municipality County Acres
BF 01-05-101.1 Quemahoning Township Somerset 58

   Big J Mining, Inc., SMP 56960111, on the Sorber property requires backfilling and revegetation.

   Letters of interest must be received by Don Barnes, District Mining Manager, Department of Environmental Protection, 286 Industrial Park Road, Ebensburg, PA 15931 by 4 p.m. on November 12, 2004, to be considered.

   Telephone inquiries shall be directed to Mr. Barnes at (814) 472-1900.

BUREAU OF DEEP MINE SAFETY

Approval of Request for Variance

   The Department, Bureau of Deep Mine Safety (Bureau) has approved Parkwood Resources, Inc's request for a variance from the requirements of Section 242(c) of the Pennsylvania Bituminous Coal Mine Act (act) at the Cherry Tree 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's website: www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   Summary of the Request: Parkwood Resources, 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 Cherry Tree 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 Pyott-Boone 9500 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.

   2.  Common entries would permit the larger section mantrip and scoops access to belt entry for transportation of personnel and supplies.

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

   4.  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.

   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 Pyott Boone Model 9500 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 should be placed at each CO sensor location.

   4.  Designated areas shall be established (with approval from the District Inspector) at strategic locations along the belt entry and common entries 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) and recorded in the preshift examination record book.

   5.  The investigative committee shall conduct an underground ventilation survey when the belt and common entries are established to verify pressure differential between the intake escapeway and the common entries.

   6.  The investigative committee shall evaluate the visual and audible alarms during the installation process.

   7.  A list of designated surface personnel shall be forwarded to the District Inspector upon activation of the CO Monitoring System. Copies of the task training records shall also be forwarded to the District Inspector.

   8.  The investigators shall interview supervisory and nonsupervisory personnel upon commencement of mining operations.

   9.  The operator must ascertain whether or not the belt compounds used in the mine produce CO when burnt. Should the operator use a non-CO producing compound in the mine, additional sensors must be used in conjunction with the CO detectors to provide the early warning benefits of the monitoring system.

Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Load (TMDL) for Wyomissing Creek in Berks County

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

   The Department will accept comments on the proposed sediment TMDL developed for a Wyomissing Creek watershed in southcentral Berks County. The TMDL was established in accordance with the requirements of section 303(d) of the Clean Water Act. The Commonwealth's 1996-303(d) list included stream segments in the watershed. Current use impairments are due to siltation from urban and residential runoff and storm sewers.

   The proposed TMDL sets allowable sediment loadings in the watershed. There currently are no State or Federal in-stream numerical water quality criteria for sediment. Therefore, the Department utilized a reference watershed approach to implement the applicable narrative criteria. The sediment loading was allocated among MS4 areas and all land use categories present in the remaining portions of the watershed. Data used in establishing this TMDL were generated using a water quality analysis model (AVGWLF) designed by the Pennsylvania State University.

   The following table shows the estimated current sediment loading for the Wyomissing Creek watershed covered by the TMDL. Overall load reductions necessary meet the TMDL are also identified.

Summary of TMDL-Based Load Reductions in the Wyomissing Creek Watershed
Watershed Pollutant Existing   Load (lbs/yr) TMDL (lbs/yr) Reduction
Wyomissing Creek Sediment  10,553,976   6,329,495     40%

   The data and all supporting documentation used to develop the proposed TMDL are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's website: www.dep.state.pa.us (DEP Keyword: TMDL). To request a copy of this TMDL, contact Joseph Hepp, Water Management Program, SCRO, 909 Elmerton Avenue, Harrisburg, PA 17110, jhepp@.state.pa.us.

   The Department will consider all comments in developing the final TMDL, which will be submitted to the EPA for approval. Written comments will be accepted at the previous address and must be postmarked by November 23, 2004. A public meeting to discuss the technical merits of the TMDL will be held on October 25, 2004, at 7 p.m. in the Shillington Municipal Building, located in the Shillington Memorial Park, off of E. Broad Street, Shillington, PA.

[Pa.B. Doc. No. 04-1920. Filed for public inspection October 22, 2004, 9:00 a.m.]



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