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PA Bulletin, Doc. No. 05-561d

[35 Pa.B. 1896]

[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 Permits Actions

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

   56663135 and NPDES Permit No. PA0605921. Zubek, Inc., 173 House Coal Road, Berlin, PA 15530, surface mining permit renewal in Stonycreek Township, Somerset County, affecting 128.2 acres. Receiving stream: to Schrock Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Hooversville Boro Municipal Authority Stoneycreek Surface Water Intake. Application received December 10, 2004. Permit issued: March 3, 2005.

   56693103 and NPDES Permit No. PA0608017. Diamond T Coal Company, 1576 Stoystown Road, P. O. Box 260, Friedens, PA 15541, surface mining permit renewal in Stonycreek Township, Somerset County, affecting 828.8 acres. Receiving streams: UNT to Lamberts Run, Lamberts Run; UNTs to Grove Run, Grove Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received September 1, 2004. Permit issued: March 7, 2005.

   32040103 and NPDES Permit No. PA0249572. Amerikohl Mining, Inc., 202 Sunset Drive, Butler, PA 16001, commencement, operation and restoration of a bituminous surface mine in Young Township, Indiana County, affecting 145 acres. Receiving streams: three UNTs to Neal Run and Neal Run to Reeds Run to Aultmans Run classified for the following uses: CWF and trout stock fishery. There are no potable water supply intakes within 10 miles downstream. Application received June 15, 2004. Permit issued: March 8, 2005.

   56890111 and NPDES Permit No. PA0598577. Duppstadt Coal, 2835 Stutzman Road, Somerset, PA 15501, SMP transfer and surface mining permit renewal to Ritchie Trucking and Excavating, Inc., 19709 Winner View Terrace, Frostburg, MD in Elk Lick Township, Somerset County, affecting 66.3 acres. Receiving streams: Tub Mill Run, UNTs to Tub Mill Run, unnamed tributaries to Casselman River and Casselman River classified for the following uses: CWF; WWF. There are no potable water supply intakes within 10 miles downstream. Application received July 21, 2004. Permit issued: March 8, 2005.

   56990101 and NPDES Permit No. PA0235008. Hoffman Mining, Inc., P. O. Box 130, 118 Runway Road, Friedens, PA 15541, surface mining permit renewal in Paint Township, Somerset County, affecting 54.3 acres. Receiving streams: UNTs to/and Kaufman Run classified for the following uses: CWF. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Stoney Creek surface water withdrawal. Application received December 21, 2004. Permit issued: March 10, 2005.

   11743043 and NPDES Permit No. PA0120863. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, SMP and NPDES Permits to be renewed for reclamation only in Portage Township, Cambria County, affecting 50.4 acres. Receiving streams: UNT to Bens Creek and Bens Creek classified for the following uses: CWF and EV-CWF. There are no potable water supply intakes within 10 miles downstream. Application received January 24, 2005. Permit issued: March 10, 2005.

   07850103 and NPDES Permit No. PA0597091. Cooney Brothers Coal Company, P. O. Box 246, Cresson, PA 16630, SMP and NPDES Permits to be renewed for reclamation only in Logan Township, Blair County, affecting 114.0 acres. Receiving streams: UNT to Kittanning Run and Kittanning Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Altoona City Authority--Blair County PWS and Crystal Pine Bottled Water--Michael Washko. Application received January 24, 2005. Permit issued: March 10, 2005.

   56920101 and NPDES Permit No. PA0599395. Future Industries, Inc., P. O. Box 157, Meyersdale, PA 15552, permit revision--land use change on Richard and Robert Sanner property from forest to unmanaged natural habitat in Summit Township, Somerset County, affecting 21 acres. Receiving streams: UNT to/and Casselman river and Shaffer Run classified for the following uses: CWF and WWF. There are no potable water supply intakes within 10 miles downstream. Application received on January 12, 2005. Permit issued: March 10, 2005.

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

   26040103 and NPDES Permit No. PA0250589. Amerikohl Mining, Inc. (P. O. Box 427, Acme, PA 15610). Revision to permit for auger mining to an existing bituminous surface mine, located in German Township, Fayette County, affecting 201.4 acres. Receiving streams: UNTs to Cat's Run. Revision application received: January 12, 2005. Revision permit issued: March 7, 2005.

   03000105 and NPDES Permit No. PA0202771. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Renewal permit for reclamation only of an existing bituminous surface mine, located in Cowanshannock Township, Armstrong County, affecting 87.2. Receiving streams: UNTs to Huskins Run. Renewal application received: February 2, 2005. Renewal permit issued: March 9, 2005.

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

   33960108 and NPDES No. PA0227315. Opal Industries, Inc. (P. O. Box 980, Latrobe, PA 15650). Transfer of an existing bituminous strip operation from MSM Coal Company, Inc. in Ringgold Township, Jefferson County affecting 54.1 acres. Receiving streams: UNTs to Painter Run. Application received: September 21, 2004. Permit Issued: March 8, 2005.

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

   Government Financed Construction Contract

   17-04-06. Larson Enterprises, Inc. (P. O. Box 96, Kylertown, PA 16847). The Moshannon District Mining Office, for the Department of Environmental Protection awarded a Government Financed Construction Contract to Larson Enterprises, Inc. on March 7, 2005, that will result in incidental coal removal necessary to accomplish reclamation of an abandoned mine land site affecting 6 acres. The site is located in Cooper Township, Clearfield County. Under the terms of the contract, no reprocessing of the coal refuse may take place and no coal refuse materials may be returned to the site once removed. The contract requires total reclamation and revegetation of the project area. This project was made possible under a program developed by the Department of Environmental Protection which allows for expedited removal and reclamation of old coal refuse piles which are generally eyesores as well as major sources of siltation and pollution to the streams of this Commonwealth. Application received: October 14, 2004. Permit issued: March 7, 2005.

   Pottsville District Mining Office: 5 W. Laurel Boulevard, Pottsville, PA 17901.

   54890102R3 and NPDES Permit No. PA0594504. White Pine Coal Company, Inc. (P. O. Box 119, Ashland, PA 17921), renewal of an anthracite surface mine, coal refuse reprocessing and refuse disposal operation in Reilly, Foster and Cass Townships, Schuylkill County affecting 729.78 acres, receiving stream: Muddy Branch Creek. Application received August 11, 2004. Renewal issued March 7, 2005.

   40663024C8. Coal Contractors (1991), Inc. (P. O. Box 639, Nuremberg, PA 18241), correction to an existing anthracite surface mine to relocate Hazle Creek in Hazle Township, Luzerne County affecting 925.0 acres, receiving stream: none. Application received December 16, 2004. Correction issued March 7, 2005.

   Noncoal Permits Actions

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

   1579601C3 and NPDES Permit No. PA0119181. Lynn Hanaway (151 North Church Street, Parkesburg, PA 19365), renewal of NPDES Permit for discharge of treated mine drainage from a quarry in Parkesburg Borough, Chester County, receiving stream: tributary to Buck Run. Application received January 18, 2005. Renewal issued March 8, 2005.

   8274SM4A2C5. Rohrer's Quarry, Inc. (70 Lititz Road, Lititz, PA 17543), depth correction to an existing quarry operation in Penn and Warwick Townships, Lancaster County affecting 168.2 acres, receiving stream: unnamed tributary of Little Conestoga Creek. Application received January 22, 2004. Correction issued March 8, 2005.

   8274SM4A2C6 and NPDES Permit No. PA0010111. Rohrer's Quarry, Inc. (70 Lititz Road, Lititz, PA 17543), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Penn and Warwick Townships, Lancaster County, receiving stream: UNT of Little Conestoga Creek. Application received February 1, 2005. Renewal issued March 8, 2005.

   74740303A4C5 and NPDES Permit No. PA0594334. Eastern Industries, Inc. (4401 Camp Meeting Road, Suite 200, Center Valley, PA 18034), stream variance for an existing quarry operation to replace and maintain the quarry access road bridge in Lower Mt. Bethel Township, Northampton County affecting 358.1 acres, receiving stream: Delaware River. Application received January 24, 2005. Correction issued March 9, 2005.

   15830602C5 and NPDES Permit No. PA0614203. Allan A. Myers, LP d/b/a Independence Construction Materials (1085 Berks Road, P. O. Box 98, Worcester PA 19490), renewal of NPDES Permit for discharge of treated mine drainage from a quarry in Charlestown Township, Chester County, receiving stream: unnamed intermittent tributary to Pickering Creek. Application received January 24, 2005. Renewal issued March 10, 2005.

   58040828. Sheila A. Ely (R. R. 6 Box 6176, Montrose, PA 18801), commencement, operation and restoration of a Small Noncoal Quarry (bluestone and shale) operation in Springville Township, Susquehanna County affecting 5.0 acres. Receiving stream: Meshoppen Creek. Application received May 3, 2004. Permit issued March 10, 2005.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (43 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.

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

   65054001. Great Lakes Geophysical, Inc. (P. O. Box 127, Williamsburg, MI 49690). Blasting activity permit for seismic survey shot hole, located in South Huntingdon Township, Westmoreland County, with an expected duration of 6 months. Permit issued: March 7, 2005.

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

   28054008. Geological Technologies, Inc. (P. O. Box 70, Falling Waters, WV 25419), construction blasting for a basement at 7000 Rhinestone Hill Road in Antrim Township, Franklin County with an expiration date of April 30, 2005. Permit issued March 7, 2005.

   48054101. Rock Work, Inc. (1257 Dekalb Pike, Blue Bell, PA 19422), construction blasting for Portland Industrial Park in Portland Borough and Upper Mt. Bethel Township, Northampton County with an expiration date of March 15, 2006. Permit issued March 7, 2005.

   15054104. Brubacher Excavating, Inc. (P. O. Box 528, Bowmansville, PA 17507), construction blasting for Creek View Development in East Coventry Township, Chester County with an expiration date of March 7, 2006. Permit issued March 8, 2005.

   06054006. Schlouch, Inc. (Excelsior Industrial Park, P. O. Box 69, Blandon, PA 19510), construction blasting at Rosewood Housing in Spring Township, Berks County with an expiration date of April 8, 2006. Permit issued March 9, 2005.

   28054007. Charles E. Brake Company, Inc. (6450 Lincoln Way West, St. Thomas, PA 17252), construction blasting at WCN Warehouse in Guilford Township, Franklin County with an expiration date of October 31, 2005. Permit issued March 11, 2005.

   45054003. Ed Wear Drilling & Blasting, Inc. (112 Ravine Road, Stewartsville, NJ 08886), construction blasting at Timber Hill Estates Lot 507 in Paradise Township, Monroe County with an expiration date of April 10, 2006. Permit issued March 11, 2005.

   48054003. West End Drilling & Blasting, Inc. (P. O. Box 1646, Brodheadsville, PA 18322), construction blasting at Willow Ridge Subdivision in Allen Township, Northampton County with an expiration date of April 14, 2006. Permit issued March 11, 2005.

   06054102. Brubacher Excavating, Inc. (P. O. Box 528, Bowmansville, PA 17507), construction blasting for Tri-County Mall in Caernarvon Township, Berks County with an expiration date of March 7, 2006. Permit issued March 11, 2005.

   36054111. Keystone Blasting Service (381Reifsnyder Road, Lititz, PA 17543), construction blasting for Jacob Smoker Animal Waste Facility in Warwick Township, Lancaster County with an expiration date of August 30, 2005. Permit issued March 11, 2005.

   40054101. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting for a rock ledge behind a home in Plymouth Township, Luzerne County with an expiration date of December 31, 2005. Permit issued March 11, 2005.

   40054102. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting for State Police Dispatch Center in Pittston Township, Luzerne County with an expiration date of March 4, 2006. Permit issued March 11, 2005.

   46054105. Brubacher Excavating, Inc. (P. O. Box 528, Bowmansville, PA 17507), construction blasting for Knights Crest Development in Franconia Township, Montgomery County with an expiration date of March 7, 2006. Permit issued March 11, 2005.

   66054101. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting for a home in Clinton Township, Wyoming County with an expiration date of December 31, 2005. Permit issued March 11, 2005.

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 FWPCA (33 U.S.C.A. § 1341).

   Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

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

   E22-484: East Hanover Township, 8848 Jonestown Road, Grantville, PA 17028 in East Hanover Township, Dauphin county, ACOE Baltimore District.

   To construct and maintain: (1) seven sanitary sewer line crossings of unnamed tributaries to Bow Creek (WWF); (2) 1 sanitary sewer line crossing of Bow Creek (WWF); (3) 13 sanitary sewer line crossings of associated wetlands along Bow Creek and its tributaries; (4) temporary road crossings at all sanitary sewer line stream and wetland crossings; (5) 8 manholes located within wetlands; (6) 3 permanent road crossing of UNTs to Bow Creek and associated wetlands; and (7) 1 outfall to Bow Creek all for the purpose of constructing the 1.96-mile long Bow Creek Interceptor and the Dairy Lane Wastewater Treatment Facility located on the west side of SR 0743 and situated north and south of SR 0022 (Hershey, PA Quadrangle N:  17.80 inches; W:  2.65 inches) in East Hanover Township, Dauphin County. The project will permanently impact 0.12 acre of wetland and the permittee is required to provide a minimum of 0.17 acre of replacement wetlands.

   E67-763: William P. Eichelberger, 124 West Church Street, P. O. Box 459, Dillsburg, PA 17109-0459 in Carroll Township, York County, ACOE Baltimore District.

   To construct and maintain a road crossing of Fishers Run (CWF) and associated palustrine forested wetlands consisting of a 50-foot long by 32-foot wide by 9-foot high Con/Span Bridge and five 42-inch culvert pipes (in the wetland) measuring approximately 100 feet in length and construct and maintain an 8-inch sanitary sewer line and an 8-inch water line crossing of Fishers Run for the purpose constructing a residential development on 51.64 acres in Carroll Township, York County (Dillsburg, PA Quadrangle N:  22.5 inches; W:  1.5 inches). The road crossing will permanently impact 0.30 acre of palustrine-forested wetlands. The wetland replacement requirement will be met by participating in the Wetland Replacement Fund Project.

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

   E63-567. Washington County Commissioners, 100 West Beau Street, Suite 701, Washington, PA 15301-4432. To construct two fire hydrant intakes in Cross Creek and Hopewell Townships, Washington County, Pittsburgh ACOE District. (Site No. 1 Avella, PA Quadrangle N:  1.2 inches; W:  3.6 inches; and Latitude: 40° 15` 48"--Longitude: 80° 23` 50") (Site No. 2 West Middletown, PA Quadrangle N:  22.2 inches; W:  5.9 inches and Latitude: 40° 14` 53"--Longitude: 80° 24` 57"). To construct and maintain two dry fire hydrant intakes in Cross Creek Lake (HQ) to be used by local fire companies.

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

   E42-295, Minard Run Oil Company, P. O. Box 18, 609 South Avenue, Bradford, PA 16701. Music Mountain Project Access Road, Lafayette Township, McKean County, ACOE Pittsburgh District.

   To conduct the following activities associated with oil and gas operations known as the Music Mountain Project east of SR 219 approximately 3 miles north of SR 59 in Lafayette Township, McKean County:

   1.  Construct and maintain a 13-foot wide, 30-foot long steel beam bridge providing a clear span of approximately 12 feet across Lewis Run on an existing roadway to serve as access for oil and gas operations.

   2.  Install and maintain utility line stream crossing consisting of a 6-inch diameter water carrier pipe, a 4-inch diameter crude oil carrier pipe and a 4-inch diameter natural gas carrier pipe across Lewis Run immediately upstream of the access road bridge.

   E43-318, Mercer County, 503 Mercer County Courthouse, Mercer, PA 16137. County Bridge 2323 T-423 Hogback Road Across Hogback Run, in City of Hermitage, Mercer County, ACOE Pittsburgh District (Sharon East, PA Quadrangle N:  12.55 inches; W:  8.2 inches).

   To remove the existing bridge and to construct and maintain a 36-foot long precast concrete arch having a span of 32 feet and a rise of 12 feet across Hogback Run on T-423 Hogback Road approximately 0.8 mile east of Frampton Road.

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
05-02-024 Monark Student Transportation Corp.
West Allegheny Bus Garage
1380 Pittsburgh Road
Valencia, PA 16059
Allegheny North Fayette Township 2 ASTs storing diesel and gasoline 22,000 gallons total

SPECIAL NOTICES

Categorical Exclusion

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

   Location:

Borough or Township Borough or Township
Address
County
Reynoldsville Borough 460-5 Main Street
Reynoldsville, PA 15851
Jefferson

   Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. The Reynoldsville Sewage Authority proposes to undertake improvements to its sewage collection system as part of a Long-Term Control Plan to mitigate combined sewer overflows during wet-weather events. The Department's review of the project and the information received has not identified any significant, adverse environmental impacts resulting from this proposal. The Department has categorically excluded this project from the State Environmental Review Process.

Availability of Final Total Maximum Daily Loads (TMDLs)

   The Department of Environmental Protection (Department) has developed Total Maximum Daily Loads (TMDLs) for the following watersheds. The TMDL sets the pollutant loading amounts for impaired waters that are allocated among the sources in the watershed. These TMDLs have been approved by the Environmental Protection Agency and satisfies the Department's obligations under section 303(d) of the Federal Clean Water Act.

Stream Name County Pollutants
Moon Run Allegheny Metals, pH and Suspended Solids
Huskins Run Armstrong Other Inorganics, Metals and pH
Limestone Run Armstrong Other Inorganics, Metals and pH
Blacks Creek Butler Metals and pH
Seaton Creek Butler Other Inorganics, Metals and pH
McGourvey Run Clarion Other Inorganics, Metals and pH
Brubaker Run Cambria Other Inorganics, Metals and pH
Big Run Clearfield Metals and pH
Surveyor Run Clearfield Metals and pH
Little Surveyor Run Clearfield Metals and pH
Newmyer Run Fayette Metals and pH
UNT to Conemaugh River Indiana Sediment and Nutrients
Conestoga Headwaters Lancaster and Berks Nutrients
Cucumber Run Somerset Metals and pH
Cucumber Run Somerset Metals and pH
Oven Run Somerset Other Inorganics, Metals and pH
Union Run Westmoreland Metals, pH and Suspended Solids
McCune Run Westmoreland Metals, pH and Suspended Solids

   To request a copy of a TMDL, contact the Division of Water Quality Assessment and Standards, Department of Environmental Protection, P. O. Box 8467, Harrisburg, PA 17105-8467, (717) 787-9637, rnaugle@state.pa.us or access the TMDL through the Department's website: www.dep.state.pa.us/watermanagement_apps/tmdl/ (choose a stream under ''Select By TMDL Name:'').

[Pa.B. Doc. No. 05-561. Filed for public inspection March 25, 2005, 9:00 a.m.]



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