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PA Bulletin, Doc. No. 06-2462e

[36 Pa.B. 7632]
[Saturday, December 16, 2006]

[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

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

   30841316 and NPDES Permit No. PA0213535. Consol Pennsylvania Coal Company (P. O. Box J, 1525 Pleasant Grove Road, Claysville, PA 15323). To revise the permit for the Bailey Mine and Prep Plant in Richhill Township, Greene County to add acreage for development mining. Underground Acres Proposed 487.5, SCP Acres Proposed 487.5. Application received: March 10, 2006. Permit issued: November 29, 2006.

   56841603 and NPDES Permit No. PA0588504. PBS Coals, Inc. (P. O. Box 260, Friedens, PA 15541-0260). To renew the permit for the Shade Creek Prep Plant in Shade Township, Somerset County and related NPDES Permit. No additional discharges. Application received: May 15, 2006. Permit issued: December 1, 2006.

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

   Permit No. 32010113 and NPDES No. PA0249106. T.L.H. Coal Company (4401 Pollock Road, Marion Center, PA 15759). Permit renewal for reclamation only of a bituminous surface and auger mine in West Mahoning Township, Indiana County, affecting 57.2 acres. Receiving streams: UNT to Mahoning Creek and Mahoning Creek, classified for the following use: WWF. There are no potable water supply intakes within 10 miles downstream. Application received: November 7, 2006. Permit issued: November 29, 2006.

   Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.

   10920112. State Industries, Inc. (P. O. Box 1022, Kittanning, PA 16201). Renewal of an existing bituminous strip, auger and coal ash placement operation in Concord Township, Butler County affecting 230.1 acre. This renewal is issued for reclamation only. Receiving streams: Four UNTs to Bear Creek and Bear Creek. Application received: September 8, 2006. Permit Issued: November 28, 2006.

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

   17010109 and NPDES No. PA0243116. Forcey Coal, Inc. (P. O. Box 225, Madera, PA 16661). Revision of an existing bituminous surface mine to add 3.3 acres of support area to the existing surface mine permit in Bigler Township, Clearfield County, affecting 168.3 acres. Receiving streams: Banian Run, Muddy Run, and Clearfield Creek. Application received: December 2, 2005. Permit issued: November 27, 2006.

   17960101 and NPDES No. PA0220256. Sky Haven Coal, Inc. (5510 State Park Road, Penfield, PA 15849). Permit renewal for the continued operation and restoration of a bituminous surface mine in Morris Township, Clearfield County, affecting 184.8 acres. Receiving streams: Hawk Run and two UNTs. There are no potable water supply intakes within 10 miles downstream. Application received: June 15, 2006. Permit issued: November 27, 2006.

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

   49850701R4. Reading Anthracite Company (P. O. Box 1200, Pottsville, PA 17901). Renewal of an existing anthracite coal refuse disposal operation in Coal Township, Northumberland County affecting 29.8 acres; receiving stream: none. Application received: November 18, 2005. Renewal issued: November 29, 2006.

   54683045R4. Blaschak Coal Corp. (P. O. Box 12, Mahanoy City, PA 17848). Renewal of an existing anthracite surface mine, refuse reprocessing and disposal operation in Union, Butler and West Mahanoy Townships, Schuylkill County affecting 743.0 acres; receiving stream: none. Application received: June 28, 2006. Renewal issued: December 1, 2006.

   Noncoal Permits Actions

   Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.

   10960304. Quality Aggregates, Inc. (200 Neville Road, Neville Island, PA 15225). Renewal of NPDES Permit No. PA0227218 in Washington Township, Butler County. Receiving streams: UNT to South Branch Slippery Rock Creek. Application received: September 25, 2006. Permit issued: November 22, 2006.

   37990304. Three Rivers Aggregates (P. O. Box 6090, Falmouth, VA 22403). Transfer of an existing sand and gravel operation from G. L. McKnight, Inc. in Plain Grove Township, Lawrence County affecting 46.0 acres. Receiving streams: Jamison Run and UNT to Jamison Run. Application received: April 26, 2006. Permit issued: November 27, 2006.

   37930305. Three Rivers Aggregates (P. O. Box 6090, Falmouth, VA 22403). Transfer of an existing sand and gravel operation from G. L. McKnight, Inc. in Plain Grove Township, Lawrence County affecting 127.0 acres. Receiving streams: UNT to Taylor Run. Application received: April 25, 2006. Permit issued: November 27, 2006.

   42060802. Robert J. Ostrom (P. O. Box 201, Port Allegany, PA 16743). Commencement, operation and restoration of a small noncoal bluestone operation in Liberty Township, McKean County affecting 5.0 acres. Receiving streams: Lillibridge Creek. Application received: May 11, 2006. Permit issued: November 29, 2006.

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

   39970301C3 and NPDES Permit No. PA0223786. Lafarge North America, Inc. (5160 Main Street, Whitehall, PA 18052). Correction to an existing quarry operation to add an NPDES discharge point for discharge of treated mine drainage affecting 211.71 acres in Whitehall Township, Lehigh County; receiving stream: Coplay Creek. Application received: June 1, 2006. Correction issued: November 28, 2006.

   7976SM2C7 and NPDES Permit No. PA0122351. Eureka Stone Quarry, Inc. (800 Lower State Road, Chalfont, PA 18914). Renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Warrington Township, Bucks County; receiving stream: UNT to Neshaminy Creek. Application received: August 18, 2006. Renewal issued: November 30, 2006.

   7973SM5C6 and NPDES Permit No. PA0223352. Eureka Stone Quarry, Inc. (800 Lower State Road, Chalfont, PA 18914). Renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Wrightstown Township, Bucks County; receiving stream: Neshaminy Creek. Application received: August 18, 2006. Renewal issued: November 30, 2006.

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.

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

   01064123. Newville Construction Services, Inc. (408 Mohawk Road, Newville, PA 17241-9424). Blasting activity permit issued for residential development in Hamilton Township, Adams County. Blasting activity permit end date is November 30, 2007. Permit issued: November 20, 2006.

   21064192. John W. Gleim, Jr., Inc. (625 Hamilton Street, Carlisle, PA 17013-1925). Blasting activity permit issued for residential development in North Middleton Township, Cumberland County. Blasting activity permit end date is April 15, 2007. Permit issued: November 22, 2006.

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

   48064131. Hayduk Enterprises, Inc. (257 Riverside Drive, Factoryville, PA 18419). Construction blasting for Saucon Manor in Hellertown Borough, Northampton County with an expiration date of November 30, 2007. Permit issued: November 30, 2006.

   09064132. Horst Drilling & Blasting, Inc. (141 Ranck's Church Road, New Holland, PA 17557). Construction blasting for a residential development in Upper Makefield Township, Bucks County with an expiration date of December 11, 2007. Permit issued: December 1, 2006.

   36064115. Gerlach's Drilling & Blasting (172 Bender Mill Road, Lancaster, PA 17603). Construction blasting for Bloomfield Square in Manheim Township, Lancaster County with an expiration date December 1, 2007. Permit issued: December 1, 2006.

   38064135. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543). Construction blasting for DC Diffenbach Properties, LLC in Jackson Township, Lebanon County with an expiration date of December 30, 2006. Permit issued: December 1, 2006.

   45064171. Silver Valley Drilling & Blasting, Inc. (R. R. 4, Box 4196, Saylorsburg, PA 18353). Construction blasting for Shawnee Oakdale parking lot and swimming pool in Smithfield and Middle Smithfield Townships, Monroe County with an expiration date of November 30, 2007. Permit issued: December 1, 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

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

   E46-995. Wissahickon Valley Watershed Associates, 12 Morris Road, Ambler, PA 19002-5499, Upper Dublin Township, Montgomery County, ACOE Philadelphia District.

   To construct and maintain a new pedestrian bridge across Wissahickon Creek (TSF). The proposed bridge, measuring 100-foot long by 8-foot wide, is part of the trail system through open space located above the 100-year flood plain. The site is located about 250 feet southeast of the intersection of Butler Pike and Morris Road (Ambler, PA, USGS Quadrangle N:  4.47 inches; W:  14.26 Inches).

   E46-989. Department of Transportation, 7000 Geerdes Boulevard, King of Prussia, PA 19406, Montgomery, Lower Gwynedd, Horsham and Upper Dublin Townships, Montgomery County, ACOE Philadelphia District.

   To rehabilitate, maintain and reconstruct an approximately 10-mile segment of the Fort Washington Expressway (SR 0309). This project has been divided into four design/construction sections (100, 101, 102 and 103), and the limit for the entire project is between Ogontz Avenue in Cheltenham Township (Germantown, PA, Quadrangle N:  14.6 inches; W:  5.0 inches) and approximately 0.5 mile north of Welsh Road (SR 0063) in Montgomery Township (Ambler, PA, Quadrangle N:  15.5 inches; W:  13.9 inches) and traverses through Springfield, Whitemarsh, Upper Dublin, Lower Gwynedd and Horsham Townships in Montgomery County. The total permanent and temporary wetland impact for the entire project covers 5.40 acres. The project includes provisions for the construction of replacement wetlands and rehabilitation of stream reaches at various locations along Sandy Run in Springfield and Whitemarsh Townships with the construction of the first segment, Section 100, Permit No. E46-921.

   This permit is for Section 101 and is the fourth submission for the PA Route 309 Expressway Improvement Project located in Montgomery, Horsham, Lower Gwynedd, and Upper Dublin Townships. The limit of work extends between Highland Avenue in Upper Dublin Township (Ambler, PA, Quadrangle N:  4.2 inches; W:  11.1 inches) to approximately 0.5 mile north of Welsh Road (SR 0063) in Montgomery Township (Ambler, PA, Quadrangle N:  15.5 inches; W:  13.9 inches).

   The reconstruction/rehabilitation work in Section 101 includes the following activities:

   1.  To extend and maintain an existing 6-foot high by 6-foot wide concrete arch culvert that carries Watercourse W20, a UNT to Wissahickon Creek (TSF) under SR 0309 at Station 10+807. The enclosure will be extended 26.6 feet downstream and 72.8 feet upstream with cast-in-place reinforced concrete box culvert extensions to accommodate the proposed embankment and a township access road.

   2.  To extend and maintain an existing 6-foot high by 8-foot wide concrete box culvert that carries Watercourse W18, a UNT to Honey Run (TSF) under SR 0309 at Station 11+870. The enclosure will be extended 32.5 feet downstream and 26.5 feet upstream with cast-in-place reinforced concrete box culvert extensions to accommodate the proposed embankment.

   3.  To extend and maintain an existing 7.5-foot high by 8-foot wide concrete arch culvert that carries Watercourse W11, a UNT to Tannery Creek (TSF) under SR 0309 at Station 12+360. The enclosure will be extended 24.8 feet downstream with a cast-in-place reinforced concrete box culvert extension to accommodate the proposed embankment and 11 linear feet of rock protection will be placed at the base of the upstream wingwall.

   4.  To extend and maintain an existing 11-foot high by 16-foot wide concrete arch culvert that carries Watercourse W13, a UNT to Valley Brook Creek (TSF) under SR 0309 at Station 12+800. The enclosure will be extended 20.1 feet downstream with a cast-in-place reinforced concrete box culvert extension to accommodate the proposed embankment.

   5.  To extend and maintain an existing 9-foot high by 12-foot wide concrete arch culvert that carries Watercourse W14, a UNT to Park Creek (WWF) under SR 0309 at Station 13+240. The enclosure will be extended 22.0 feet downstream and 23.6 feet upstream with cast-in-place reinforced concrete box culvert extensions to accommodate the proposed embankment.

   6.  To place fill and impact 0.65 acres of wetland (PFO, PSS, PEM and PAB) for a retaining wall, roadway, and embankment fill at numerous locations along SR 0309. The work includes 0.44 acres of temporary wetland impacts.

   7.  Additionally, 766 linear feet of intermittent streams will be impacted at numerous SR 0309 associated with the planning of this section.

   8.  Work also includes an additional 1.33 acres of wetland creation for 0.70 acres of additional wetland mitigation for additional wetland impacts in Sections 101, 102 and 103 and for 0.63 acres of additional wetland mitigation for temporary wetland impacts (as requested by the United States Army Corps of Engineers) at two locations in Springfield and Whitemarsh Townships.

   9.  Work also includes numerous stormwater management facilities at various locations associated with the reconstruction of this segment.

   The issuance of this permit also constitutes approval of a Water Quality Certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

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

   E02-1548. Lindy Paving, 586 North Gate Circle, New Castle, PA 16105. To operate a barge mooring facility in Neville Township, Allegheny County, Pittsburgh ACOE District. (Ambridge, PA Quadrangle N:  1.3 inches; W:  0.1 inch; Latitude: 40° 30` 26"--Longitude: 80° 07` 33"). To operate and maintain the existing barge mooring facility 690 ft. in length by 120 ft. wide (as measured from the normal pool elevation) in the channel and along the right back of the Ohio River back channel for the purpose of loading and unloading barges. The project is located approximately 4,500 feet upstream from the I-79 bridge and will impact 690 linear feet of stream channel.

ENVIRONMENTAL ASSESSMENTS

   Cambria District: Environmental Program Manager, 286 Industrial Pk Rd, Ebensburg, PA 15931-4119.

   EA1009-006. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, Division of Mine Hazards, P. O. Box 8476, Harrisburg, PA 17105. Abandoned Mine Land Reclamation Project, in West Liberty Township, Butler County, Pittsburgh ACOE District.

   The applicant proposes to backfill an abandoned surface mine, which includes a total of 600 linear feet of dangerous highwall. The project will include the backfilling of 0.01 acre of PEM wetland and 0.7 acre of open water that have developed within the open surface mine pits. (Prospect Quadrangle N:  22.22 inches, W:  6.0 inches). A 0.26 acre PEM wetland will be constructed with the project.

   EA2909-001. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, Cambria Office, 286 Industrial Park Rd., Ebensburg, PA 15931. Abandoned Mine Land Reclamation Project, in Broad Top Township, Bedford County and Wells Township, Fulton County, Baltimore ACOE District.

   The applicant proposes to backfill an abandoned surface mine, which includes a total of 2,500 linear feet of dangerous highwall. The project will include the backfilling of 3.53 acres of open water that has developed within the open surface mine pits. A 1.06-acre shallow pond/wetland will be constructed with the project. (Saxton Quadrangle N:  3.0 inches, W:  3.25 inches).

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

   D21-061EA and D21-062EA. John Eby, Lower Allen Township, 1993 Hummel Avenue, Camp, PA 17011, Lower Allen Township, Cumberland County, ACOE Baltimore District.

   Project proposes to breach and remove Smith Dam and an unnamed dam across a tributary to Cedar Run (CWF) for the purpose of restoring the stream to a free flowing condition and providing unobstructed fish passage. The project will restore approximately 100 linear feet of stream channel. Smith Dam is located approximately 3,600 feet East of the intersection of Simpson Ferry Road (SR 2014) and US 15. The unnamed dam is located approximately 275 feet downstream from Smith Dam immediately upstream of the Norfolk Southern Bridge Crossing (Lemoyne, PA Quadrangle N:  18.9 inches; W:  6.3 inches) (Lemoyne, PA Quadrangle N:  18.7 inches; W:  6.3 inches).


SPECIAL NOTICES

Certification to Perform Radon-Related Activities in this Commonwealth

   In the month of November 2006 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
Sandra Bender 929 Mt. Zion Road
Lebanon, PA 17046
Laboratory
John Biegalski 515 West Church Road
King of Prussia, PA 19406
Testing
Jeffrey Boyle 172 Matis Drive
Howard, PA 16841
Testing
Roger Burens, Jr. 340 West DeKalb Pike
King of Prussia, PA 19406
Mitigation
Clerkin Home Inspections, LLC 1114 Bergan Road
Oreland, PA 19075
Testing
Kevin Crane
Crane Enterprises, Inc.
419 West 4th Street
Suite 1
Williamsport, PA 17701
Testing
Mark Dilts 2844 Slifer Valley Road
Riegelsville, PA 18077
Mitigation
Bruce Eichenlaub 535 Derr Hill Road
Lock Haven, PA 17745
Testing
Daryl Festa 634 North Avenue
Pittsburgh, PA 15209
Testing
Rick Hynes 1037 Carnes School Road
Seneca, PA 16346
Mitigation
Paul Inman 675 Estelle Drive
Lancaster, PA 17601
Testing
Daniel Jones
Alpha Detection & Control
98 Porter Avenue
Scottdale, PA 15683
Mitigation
Allen Lenhardt 1419 Rock Glen Road
Bloomsburg, PA 17815
Testing and Mitigation
Chris Matteson 912 Bruton Cove
Hummelstown, PA 17036
Testing
Professional Home Inspection Service1278 Vestal Avenue
Binghamton, NY 13903
Mitigation
Radon Specialists, Inc. 134 Broad Street
Stroudsburg, PA 18360
Testing
Ray Remsnyder 2843 North Front Street
Harrisburg, PA 17110
Testing
Lloyd Scarborough 429 Hillside Avenue
Morrisville, PA 19067
Testing
Kenneth Struder
Pennsylvania Home Inspections
P. O. Box 72722
Thorndale, PA 19372
Testing and Laboratory
Robert Vail 1335 Chapman Lake Road
Jermyn, PA 18433
Mitigation
[Pa.B. Doc. No. 06-2462. Filed for public inspection December 15, 2006, 9:00 a.m.]



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