[36 Pa.B. 4737]
[Saturday, August 26, 2006]
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
Northeast Regional Office, Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E39-455. Newman Development Group of Upper Saucon, LLC, Plymouth Greene Office Campus, 1000 Germantown Pike, Unit E-2, Plymouth Meeting, PA 19462. Upper Saucon Township, Lehigh County, Army Corps of Engineers Philadelphia District.
To remove the existing structure and to construct and maintain a road crossing of a tributary to Tumble Brook (CWF) consisting of a 33-foot long 6-foot by 12-foot concrete box culvert depressed 1-foot below streambed elevation; to construct and maintain bank stabilization along 60 feet of the tributary consisting of 6-foot high gabion basket retaining walls along both sides of the channel; to construct and maintain two outfall structures in the floodway of the tributary, the first consisting of an 18-inch RCP and concrete endwall and the second consisting of a 15-inch diameter HDPE pipe, concrete endwall and riprap stilling basin; and to construct and maintain two utility line crossings of the tributary, the first consisting of an 8-inch diameter waterline and the second consisting of a 1.25-inch diameter concrete encased sanitary sewer force main. The project is located at the southwest corner of SR 0309 and SR 2028 (Passer Road) (Allentown East, PA Quadrangle N: 4.0 inches; W: 1.9 inches). (Subbasin: 2C)
E39-456. Washington Township, P. O. Box 27, Slatedale, PA 18079. Washington Township, Lehigh County, Army Corps of Engineers Philadelphia District.
To construct and maintain two 12-foot wide prefabricated fiberglass truss bridges across Trout Creek (HQ-CWF), the eastern bridge having an 80-foot span and an 11-foot underclearance and the western bridge having a 75-foot span and a 12-foot underclearance. The bridges are part of the Slate Heritage Rails to Trails Program. The East Bridge is located approximately 850 feet downstream of the Turnpike Northeast Extension (Slatedale, PA Quadrangle N: 21.8 inches; W: 0.8 inch) in Washington Township, Lehigh County. The West Bridge is located approximately 1,500 feet upstream of the Turnpike Northeast Extension (Slatedale, PA Quadrangle N: 21.4 inches; W: 2.0 inches) in Washington Township, Lehigh County. (Subbasin: 2C)
E66-134. Mehoopany Creek Watershed Association, P. O. Box 73, Mehoopany, PA 18629. Forkston Township, Wyoming County, Army Corps of Engineers Baltimore District.
To relocate approximately 1,165 feet of North Branch Mehoopany Creek (CWF) to its historic channel and to restore/enhance approximately 2,695 feet of stream channel and impact a de minimis area of wetlands as part of a stream restoration project located at a point beginning 2,765 feet upstream of the SR 3001 bridge and continuing downstream of the bridge approximately 570 feet (Jenningsville, PA Quadrangle N: 6.8 inches; W: 0.5 inch). (Subbasin: 4G)
E39-459. Mack Resid LLC and Mack Project LLC, 1177 Sixth Street, Whitehall, PA 18052. City of Allentown, Lehigh County, Army Corps of Engineers Philadelphia District.
To modify and maintain an existing concrete arch bridge having a 35-foot span and a 8.5-foot underclearance across Trout Creek (HQ-CWF) with modifications consisting of extending the bridge approximately 16 feet upstream; to construct and maintain a 36-inch diameter RCP outfall structure with an endwall and riprap apron in the floodway of Trout Creek; and to construct and maintain an 8-inch diameter concrete encased DIP waterline crossing of Trout Creek. The project is located on the east side of Mack Boulevard approximately 0.3 mile north of Dixon Street (Allentown East, PA Quadrangle N: 15.3 inches; W: 12.5 inches). (Subbasin: 2C)
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.
E07-403: MMFRE, LP, 210 East Plank Road, Altoona, PA 16603-1252 in Logan Township, Blair County, ACOE Baltimore District.
To place and maintain fill in 0.327 acre of PEM wetlands and to install and maintain a spring box and a 215.0-foot long, 8-inch pipe in a UNT to Brush Run (WWF), for the purpose of developing the proposed Hilton Garden Inn and Plaza located along Amelia Avenue, approximately 400 feet from its intersection with Frankstown Road (Hollidaysburg, PA Quadrangle N: 18.7 inches; W: 2.2 inches; Latitude: 40° 28` 41"; Longitude: 78° 23` 27") in Logan Township, Blair County. To compensate for wetland impacts, the permittee shall construct 0.375 acre of replacement wetlands.
E05-337: Borough of Everett Area Municipal Authority, 100 Mechanic Street, Everett, PA 15537 in Everett Borough, Bedford County, ACOE Baltimore District.
To construct and maintain: 1) a 42-inch diameter and a 15-inch diameter outfall pipes along the right bank wall of Bloody Run (WWF) located downstream and upstream of West Foundry Street bridge (Everett West, PA Quadrangle N: 2.22 inches; W: 17.18 inches; Latitude: 40° 0` 44"; Longitude: 78° 22` 22"); 2) a 15-inch diameter outfall pipe along the right bank wall of Bloody Run (WWF) located upstream of East South Street culvert (Everett West, PA Quadrangle N: 1.9 inches; W: 17.1 inches; Latitude: 40° 0` 38"; Longitude: 78° 22` 20"); 3) a 24-inch diameter outfall pipe along the left bank of Raystown Branch Juniata River (TSF) near River Lane (Everett West, PA Quadrangle N: 1.9 inches; W: 16.3 inches; Latitude: 40° 0` 38"; Longitude: 78° 21` 59"); 4) an 18-inch diameter outfall pipe along the left bank of Raystown Branch Juniata River (TSF) located about 600 feet south of East South Street (Everett West, PA Quadrangle N: 1.8 inches; W: 16.1 inches; Latitude: 40° 0` 36"; Longitude: 78° 21` 54") in Everett Borough, Bedford County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E14-490. Stephen T. Letterman, P. O. Box 217, Milesburg, PA 16853-0217. Ardery Hollow Run Culvert, in Worth Township, Centre County, ACOE Baltimore District (Port Matilda, PA Quadrangle N: 15.5 inches; W: 2.5 inches).
To: 1) remove an existing culvert; 2) construct, operate and maintain a 35-foot long, 14-foot by 6-foot precast reinforced concrete box culvert with the invert depressed 1.5 feet below the streambed of Ardery Hollow with flared concrete wingwalls/apron projecting 8.75 feet upstream and a concrete ''U'' wall/apron projecting 20 feet down-stream; 3) place and maintain an existing pedestrian walk bridge on the downstream wingwalls; 4) sand bag cofferdams to be used with by-pass pumping, all of which is located 2,150 feet up Ardery Hollow Road from SR 220 in Worth Township, Centre County, ACOE Baltimore District (Port Matilda, PA Quadrangle N: 15.5 inches; W: 2.5 inches).
E41-566. Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. Joint Water Obstruction & Encroachment Permit Issuance for SR 0405 Section 063, Muncy Creek bridge replacement, in Muncy Creek Township, Lycoming County, ACOE Susquehanna River Basin District (Muncy, PA Quadrangle N: 15.76 inches; W: 1.06 inches).
To remove an existing three span concrete encased steel I-beam bridge having a clear span of approximately 132 linear feet and a hydraulic opening of 1,380 square feet and construct and maintain a three span concrete beam bridge having a clear span of approximately 197 feet and hydraulic opening of 3,385 square feet on a skew of 29° over Muncy Creek located along SR 0405 over Muncy Creek as well as 4,700 cubic yards of fill within the floodway of Muncy Creek within the vicinity of the proposed bridge abutments as well as construct a temporary steel sheet pile cofferdam along the east and west streambanks in Muncy Creek Township, Lycoming County. This project proposes to have a minimal impact on Muncy Creek, which is, designated a CWF. This project does not propose to impact any jurisdictional wetlands. This permit also includes 401 Water Quality Certification.
E53-413. Dominion Transmission, Inc., 445 West Main Street, Clarksburg, WV 26301. Dominion Transmission Cove Point TL-453 EXT1 Expansion Project, Bingham, Genesee and Harrison Townships, Potter County, ACOE Pittsburgh District (Ellisburg, PA Quadrangle N: 9.19inches; W: 2.37 inches).
To construct, operate and maintain a 24-inch diameter gas pipeline, designated TL-453 EXT1, over 11.55-miles within a 75-foot right-of-way for the transmission of natural gas. Construction, operation and maintenance of the TL-453 EXT1 will require 15 stream and 23 wetland crossings that are as follows:
Crossing Identification Crossing Disturbance Aquatic Resource Water Quality Latitude Longitude SPA-KDR-023 75.0 feet UNT HQ-CWF 41° 56` 30.47" 77° 53` 10.92" SPA-KDR-024 87.0 feet UNT HQ-CWF 41° 55` 30.43" 77° 53` 10.80" SPA-KDR-026 77.0 feet Middle Branch Genesee HQ-CWF 41° 55` 58.76" 77° 51` 02.58" SPA-SCR-001 78.5 feet UNT CWF 41° 56` 19.08" 77° 49` 47.71" SPA-SCR-012 78.0 feet Genesee River CWF 41° 56` 26.91" 77° 48` 51.85" SPA-SCR-011 111.5 feet UNT CWF 41° 56` 49.10" 77° 46` 22.87" SPA-SCR-010 77.0 feet UNT CWF 41° 56` 53.70" 77° 48` 17.01" SPA-SCR-009 89.0 feet UNT CWF 41° 56` 59.92" 77° 46` 09.10" SPA-SCR-008 94.0 feet UNT CWF 41° 57` 02.46" 77° 46` 05.91" SPA-SCR-007 78.0 feet UNT CWF 41° 57` 47.65" 77° 44` 19.74" SPA-SCR-006 78.0 feet UNT CWF 41° 57` 48.23" 77° 44` 18.44" SPA-SCR-005B 143.0 feet UNT CWF 41° 58` 15.10" 77° 43` 11.86" SPA-SCR-013 84.0 feet Marsh Creek CWF 41° 58` 01.47" 78° 05` 19.28" SPA-KDR-025 50.0 feet UNT HQ-CWF 41° 56` 36.90" 77° 53` 11.30" SPA-SCR-002 50.0 feet North Branch Cowanesque CWF 41° 58` 39.82" 77° 41` 06.03" WPA-KDR-025 270.0 feet Wetland CWF 41° 55` 58.54" 77° 51` 01.47" WPA-SCR-001 82.0 feet Wetland CWF 41° 55` 29.37" 77° 48` 52.83" WPA-SCR-032 53.0 feet Wetland CWF 41° 56` 30.14" 77° 48` 51.26" WPA-SCR-040 43.0 feet Wetland CWF 41° 56` 33.44" 77° 48` 43.63" WPA-SCR-030 27.0 feet Wetland CWF 41° 56` 53.97" 77° 46` 17.25" WPA-SCR-029 288.0 feet Wetland CWF 41° 56` 55.87" 77° 46` 13.83" WPA-SCR-028 194.0 feet Wetland CWF 41° 56` 59.81" 77° 46` 09.17" WPA-SCR-027 92.0 feet Wetland CWF 41° 57` 02.36" 77° 46` 05.29" WPA-SCR-026 43.0 feet Wetland CWF 41° 57` 07.23" 77° 46` 00.22" WPA-SCR-022 148.0 feet Wetland CWF 41° 57` 26.67" 77° 45` 19.03" WPA-SCR-021 35.0 feet Wetland CWF 41° 57` 28.04" 77° 45` 16.05" WPA-SCR-020 17.0 feet Wetland CWF 41° 57` 29.19" 77° 25` 14.55" WPA-SCR-017 21.0 feet Wetland CWF 41° 58` 12.94" 77° 43` 19.84" WPA-SCR-035 301.0 feet Wetland CWF 41° 58` 15.10" 77° 43` 11.18" WPA-SCR-033 20.0 feet Wetland CWF 41° 58` 17.00" 77° 43` 03.66" WPA-SCR-013 155.0 feet Wetland CWF 41° 58` 29.92" 77° 42` 37.25" WPA-SCR-012 37.0 feet Wetland CWF 41° 58` 24.72" 77° 42` 33.06" WPA-SCR-010 330.0 feet Wetland CWF 41° 58` 25.52" 77° 42` 27.90" WPA-SCR-009 24.0 feet Wetland CWF 41° 58` 27.62" 77° 42` 21.50" WPA-SCR-008 19.0 feet Wetland CWF 41° 58` 27.18" 77° 42` 19.76" WPA-SCR-002 11.0 feet Wetland CWF 41° 58` 33.41" 77° 41` 46.29" WPA-SCR-003 243.0 feet Wetland CWF 41° 58` 32.47" 77° 41` 40.79" WPA-SCR-003 111.0 feet Wetland CWF 41° 58` 36.53" 77° 41` 17.56"
Construction of the listed gas pipeline crossings temporarily impact 1,250.0 feet of waterway and 4.77 acres of wetland, while permanently impacting 1.64 acres of wetland. All gas transmission lines under streambeds shall be constructed so there will be a minimum of 3 feet of cover between the top of the pipe and the lowest point in the streambed. Trench plugs or clay dikes shall be used at every waterway and wetland crossing to ensure the existing hydrology is not altered. The western terminus of TL-453 EXT1 is located along the eastern right-of-way of SR 0244 approximately 1,950 feet south of Genesee Township Road No. 410 and SR 0244 intersection. This permit also will authorize construction, operation, maintenance and removal of temporary construction crossings, causeways, stream diversions and cofferdams. Temporary structures shall be constructed of clean rock that is free of fines; and upon completion of construction activities, all temporary structures shall be removed with disturbed areas being restored to original contours and elevations. If upon investigation the Department determines the gas transmission line approved by this permit is serving to degrade water quality, stream profile, meander pattern or channel geometries, then the permittee shall be required to implement all measures necessary to mitigate the degradation. Construction of the gas pipelines will permanently impact 1.64 acres of wetland, for which the permittee has agreed to replace with a minimum of 1.64 acres of wetland mitigation prior to the construction authorized by this permit.
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E32-471. Joseph Land Development, LLC, 533 Luciusboro Road, Blairsville, PA 15717. To construct two culverts in Center Township, Indiana County, Pittsburgh ACOE District. (Bolivar, PA Quadrangle N: 22.43 inches; W: 6.72 inches and Latitude: 40° 29` 54"--Longitude: 79° 10` 24"). To construct and maintain a roadway crossing consisting of one 72-inch and two 60-inch corrugated metal pipe culverts each 50 feet long in Coral Creek (CWF) to provide access from SR 2019 to a proposed commercial land development. The project will impact 0.01 acre of wetland and is located at the intersection of SR 119 and SR 2019.
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E16-132, Clarion Area Authority, 14 N. 5th Ave., Clarion, PA 16214. Clarion Area Authority Sanitary Sewer Outfall Reconstruction along Trout Run, in Monroe Township, Clarion County, ACOE Pittsburgh District (Clarion, PA Quadrangle N: 41° 12`, 07"; W: 79° 24`, 25").
To reconstruct and modify the existing sanitary sewer outfall from the Clarion Area Authority treatment plant located along Trout Run near its mouth at the Clarion River to include the following activities:
1. To realign and maintain approximately 180 feet of the channel of Trout Run extending upstream from the Clarion River. This involves permanent impact to 2,500 square feet of the existing channel of Trout Run.
2. To extend and maintain the existing 18-inch diameter effluent line approximately 160 feet downstream along the left (south) side of the floodway of Trout Run.
3. To construct and maintain approximately 200 feet of stabilized open channel along the left side of the floodway of Trout Run extending from the proposed headwall downstream to the Clarion River.
Project also includes the installation of temporary stream crossings of Trout Run for construction access at four locations on the existing access road following Trout Run between the existing sewage treatment plant and the Clarion River.
E42-311, Department of Conservation and Natural Resourses, Bureau of State Parks, P. O. Box 8451, Harrisburg, PA 17105-8451. Kinzua Bridge State Park Viaduct Site, in Hamlin and Keating Townships, McKean County, ACOE Pittsburgh District (Cyclone, PA Quadrangle N: 2.3 inches; W: 12.1 inches).
To repair and maintain the existing foundations, abutments and railroad towers/bents and to maintain a portion of the debris field as a result of the Kinzua Viaduct Bridge collapse within the floodway/floodplain of Kinzua Creek (CWF) at a point within the Kinzua Bridge State Park and to remove most of the steel debris between the edges of the normal stream from streambed up to the 100 year floodplain elevation (approximately 6 to 10 feet above streambed with the following exceptions):
1. The vertical elements along the edge of the stream would remain to support horizontal members that are higher than the 100-year flood level.
2. The column that lies longitudinally in the stream channel in the lower half of the debris field would remain in place as it is an integral component to support the steel above the floodplain.
3. All steel debris outside of the normal channel banks would remain in place.
E62-407, Warren General Hospital, Two Crescent Park West, Warren, PA 16365. Pine Grove Surgical Center, in Pine Grove Township, Warren County, ACOE Pittsburgh District (Russell, PA Quadrangle N: 14.73 inches; W: 1.66 inches).
The applicant proposes to fill 0.038 acre (de minimis) of wetland for the construction of a surgical center on the same property as an existing medical center approximately 0.4 mile SW of the intersection of SR 62 and SR 1016. The project proposes to directly impact 0.038 acre of wetland.
Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.
D15-403EA. Nestle Water North America, Inc., 405 Nestle Way, Breinigsville, PA 18031, South Coventry Township, Chester County, ACOE Philadelphia District.
Project proposes to breach and remove Nestle Dam across a tributary to Pigeon Creek (HQ-CWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The project will restore approximately 100 feet of stream channel. The dam is located approximately 4,500 feet east of the intersection of Harmonyville Road (SR 4041) and Chestnut Hill Road (T 470) (Pottstown, PA Quadrangle N: 13.25 inches; W: 8.1 inches).
Drinking Water State Revolving Fund
Special Notice under the Federal Safe Drinking Water Act.
Northeast Region: Water Supply Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Applicant Applicant Address County Conyngham Borough Authority P. O. Box 469
90 Butler Avenue
Conyngham, PA 18219
Project 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 Conyngham Borough Authority proposes the construction of a new well (Well No 7), control/treatment building and distribution system piping with associated appurtenances. This project is identified as Pennvest Project No. 40021040507-CW. The Department of Environmental Protection's (Department) review of the project and the information received in the Environmental Report for the project has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby approves the Environmental Assessment.
[Pa.B. Doc. No. 06-1690. Filed for public inspection August 25, 2006, 9:00 a.m.]
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