[32 Pa.B. 4492]
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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(a)).
Except as otherwise noted, the Department certifies that the construction and operation herein described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State Water Quality Standards.
Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.
For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 P. S. §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note: Water Obstruction and Encroachment Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)
Permits Issued and Actions on 401 Certifications
WATER OBSTRUCTIONS AND ENCROACHMENTS Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E67-721. Hawk Lake Golf Course, 1605 Loucks Road, York, PA 17404 in West Manchester Township, York County.
To over excavate three sinkholes in a linear arrangement each having an average diameter of 10 feet then choking off the throat of each sinkhole with boulders and capping the boulders with concrete along an unnamed tributary to Willis Run (WWF) (West York, PA Quadrangle N: 18.5 inches; W: 4.0 inches) in West Manchester Township, York County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E41-507. Department of Conservation and Natural Resources, Bureau of Forestry District 12, 423 East Central Avenue, South Williamsport, PA 17702. Water Obstruction and Encroachment Joint Permit Application, in Brown Township, Lycoming County, ACOE Susquehanna River Basin District (Slate Run, PA Quadrangle N: 22.4 inches; W: 9.0 inches).
To construct and maintain a single span stainless steel/concrete suspension bridge having a span of 307 feet and a width of 3.0 feet over Slate Run along Slate Run Road in Brown Township, Lycoming County. This permit was issued under section 105.13(e) ''Small Projects.''
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1350. Orix Woodmont Deer Creek Venture, 2100 West 7th Street, Fort Worth, TX 76107. Harmar Township, Allegheny County, ACOE Pittsburgh District.
To construct and maintain a three span curved steel multi-girder bridge having a total span of 378 feet and an under clearance of approximately 30 feet, to construct and maintain a reinforced concrete arch culvert having a span of 42 feet and underclearance of 20 feet for a distance of 330 feet to construct and maintain a multi-span bridge having a total span of approximately 265 feet located over the upstream end of the concrete arch culvert, to place and maintain fill within the floodway for a distance of approximately 930 feet, to construct and maintain various outfall structures, to construct and maintain a 15 foot high retaining wall along the left bank floodway for a distance of approximately 150 feet. These activities are located in, along and across Deer Creek (WWF). This permit also authorizes the construction and maintenance of an extension to an existing 6 foot diameter RCP culvert for a distance of 12 feet within a tributary to Deer Creek (WWF), to place and maintain fill in 5.96 acres of wetlands (PEM/PSS) and to maintain fill already placed in 0.6 acre of wetlands. This work is being done as part of the construction of a mixed-use commercial center located on the north side of the intersection of SR 28 and SR 910 and to the south of the Pennsylvania Turnpike. To meet the wetland replacement requirements the applicant proposes to construct 5.49 acres of wetland replacement on site and 1.75 acres of replacement wetlands offsite. The offsite replacement wetlands are located along he east side of SR 910 approximately 1,000 feet north of its intersection with Cedar Ridge Road (Glenshaw, PA Quadrangle N: 18.9 inches; W: 2.0 inches) in West Deer Township, Allegheny County. To provide for mitigation for the stream encroachments the applicant proposes to construct and maintain bank stabilization in two areas by using native material revetment for a total distance of 575 feet and to plant and maintain 700 feet of riparian zone. Additional mitigation consisting of wetland enhancement to two wetlands (3.05 acres), includes eradication of a non-native and invasive species and bank stabilization in three locations along Deer Creek within the conservation easement area. This authorization also includes the Environmental Assessment review for a nonjurisdictional dam (New Kensington West, PA Quadrangle N: 9.0 inches; W: 11.5 inches).
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-344, Landmark Properties, Inc., 4848 Route 8, Unit 2, Allison Park, PA 15101. Emeryville Drive Lots 1 and 2, in Cranberry Township, Butler County, ACOE Pittsburgh District (Mars, PA Quadrangle N: 9.3 inches; W: 14.1 inches).
To fill 0.13 acre of wetland on Emeryville Drive Lots 1 and 2 for construction of a five-story office building and associated parking area along Emeryville Drive approximately 0.25 mile east of Margarite Drive. Also to construct and maintain a 6-inch diameter PVC sanitary sewer pipeline crossing across an unnamed tributary to Brush Creek. Project includes contribution to the Pennsylvania Wetland Replacement fund for replacement of impacted wetland.
E20-503, Titusville Redevelopment Authority, P. O. Box 425, Titusville, PA 16354-0425. Titusville Opportunity Park, in the City of Titusville, Crawford County, ACOE Pittsburgh District (Titusville North, PA Quadrangle N: 22.1 inches; W: 3.5 inches).
To perform site grading at five lots including impacts to a total of 5.51 acres of wetland for development of Titusville Opportunity Park industrial park project within the 100-year flood plain of Oil Creek on the former Cytemp Specialty Steel property south of SR 27 approximately 0.5 mile east of SR 8. Project includes creation of a total of 5.51 acres of replacement wetlands, restoration of 0.51 acre of impacted wetland and establishment of 43.22 acres of conservation easement within the 100-year flood plain of Oil Creek.
E20-515, Conneaut Lake Borough, North Third Street, Conneaut Lake, PA 16316. Fireman's Beach Shoreline Stabilization, in Sadsbury Township, Crawford County, ACOE Pittsburgh District (Conneaut Lake, PA Quadrangle N: 19.3 inches; W: 7.2 inches).
To install and maintain approximately 500 feet of shoreline protection using precast concrete barriers along the western shore of Conneaut Lake at Fireman's Beach east of Lakeview Avenue approximately 400 feet north of Water Street (SR 322).
E24-223, Pennsylvania Department of Transportation, District 2-0, 1924-30 Daisy Street, P. O. Box 342, Clearfield, PA 16830. SR 0948, Section A01, Segment 0070, Offset 0000 across tributary to Daguscahonda Run, in Fox Township, Elk County, ACOE Pittsburgh District (Kersey, PA Quadrangle N: 20.3 inches; W: 15.1 inches).
To remove the existing structure and to construct and maintain a 66-foot long precast reinforced concrete box culvert having a 10-foot wide by 3.8-foot high waterway opening in an unnamed tributary to Daguscahonda Run on SR 0948, Section A01, Segment 0070, Offset 0000.
E24-224, Jones Township, P. O. Box 25, Wilcox, PA 15870. Jones Township Ball Field Park, in Jones Township, Elk County, ACOE Pittsburgh District (Wilcox, PA Quadrangle N: 14.4 inches; W: 8.9 inches).
To construct and maintain a public park including a ball field, horseshoe pit, picnic pavilions, concession stand with restrooms, parking areas and other appurtenances within the 100-year flood plain near the confluence of West Branch Clarion River and Wilson Run and impacting a total of 0.15 acre of wetland south of T-631 (Old Kane Road) in the Village of Wilcox. Project includes creation of 0.16 acre of replacement wetland adjacent to existing wetlands onsite within the flood plain.
E24-225, Steven W. and Coleen B. Kronenwetter, R. R. 1, Box 84K, SR 555, Weedville, PA 15868. Wapiti Woods Driveway Construction, in Benezette Township, Elk County, ACOE Pittsburgh District (Weedville, PA Quadrangle N: 5.6 inches; W: 5.8 inches).
To construct and maintain a 12 foot wide driveway of which 350 feet of the driveway shall be constructed within 50 feet of the top of the bank of the Bennett Branch of Sinnemahoning Creek and over a de minimis wetland (0.002 acre) adjacent to the south side of SR 555 approximately 1 mile southwest of the intersection of SR 555 and SR 2004 to develop a rental cabin business on the property.
E25-650, Pennsylvania Department of Transportation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301-1412. SR 4034, Section A70 Erie East Side Access Highway, in City of Erie, Erie County, ACOE Pittsburgh District.
To construct and maintain the following in tributaries to Lake Erie as part of the construction of the east side access highway, SR 4034, Section A70 (Erie South, PA Quadrangle N: 22.2 inches; W: 2.4 inches westward to Erie South, PA Quadrangle N: 22.4 inches; W: 5.8 inches): (1) a 320-foot long, 4-foot diameter reinforced concrete pipe extension to an existing stream enclosure in an unnamed tributary to McDaniel's Run; and (2) replacement of a portion of an existing stream enclosure with an approximately 35-foot long, 4.5-foot diameter reinforced concrete pipe and an approximately 35-foot long, 5-foot diameter reinforced concrete pipe in series in Cemetery Run. This project includes placement of fill in 0.58 acre of PFO wetland. Construction of replacement wetlands for this project was previously authorized under Permit E25-626.
ENVIRONMENTAL ASSESSMENTS Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.
D45-008EA. Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797. Coolbaugh Township, Monroe County, ACOE Philadelphia District.
To breach and remove Bradys Lake Dam across Trout Creek (HQ-CWF) for the purpose of restoring the stream to a free flowing condition. The dam is located on State Game Lands No. 127 (Thornhurst, PA Quadrangle, N: 6.8 inches, W: 4.2 inches).
EA36-0013CO. Ambassadors for Christ, Inc., 3256 Lincoln Highway East, Paradise, PA 17562. Paradise Township, Lancaster County, ACOE Baltimore District.
To remove an existing jurisdictional dam across Eshleman Run (CWF), provide bank stabilization at the location of the dam and install grade control structures in the reservoir area upstream of the dam. Installation of a water intake structure and dredging of an existing off stream pond to its original storage capacity also are proposed to maintain water for a mill race that is linked to the dam. The dam is located approximately 4,000 feet upstream of the Lincoln Highway (U.S. Route 30) Bridge across Eshleman Run (New Holland, PA Quadrangle, N: 0.1 inch; W: 15.4 inches).
SPECIAL NOTICES
Intent to Use Coal Ash as Structural Fill per 25 Pa. Code § 287.661 The Department of Environmental Protection (Department), per 25 Pa. Code § 287.661(c), is hereby publishing a summary of an intent to use coal ash as structural fill to allow for public comment. Per 25 Pa. Code § 287.1, ''structural fill'' is defined as the ''engineered use of coal ash as a base or foundation for a construction activity that is completed promptly after the placement of the coal ash, including the use of coal ash as a backfill material for retaining walls, foundations, ramps or other structures. The term does not include valley fills or the use of solid waste to fill open pits from coal or noncoal mining.''
The written notice regarding this project was received on July 9, 2002, by the Department. This project may begin 60 days following this submittal date (September 9, 2002).
User of Coal Ash: Earth Conservancy, Inc., 11 South Main St., Ashley, PA 18706-1506.
Location of Use: The location of use, within the Hanover Crossings site, is the former Luzerne County Demolition Debris Landfill off SR 29 and Middle Road in Hanover Township, Luzerne County. This landfill was an unpermitted landfill that ceased operation in 1978. The Earth Conservancy is the landowner.
Description of Use: Approximately 213,200 cubic yards of coal ash, from the Northampton Generating Plant, 1 Horwith Drive, Northampton, PA 18067, will be used as structural fill for capping this former landfill as part of the redevelopment of this land for future use. The ash generated by Northampton Generating Company has been previously authorized for this use per the conditions of General Permit WMGR068, issued on March 20, 2001.
The coal ash will be utilized upon arrival at the site, with no intermediate unloading or stockpiling prior to use as structural fill per 25 Pa. Code § 287.661 and the separate conditions for use of General Permit WMGR068. The project is estimated to require 7 months for ash placement, plus 3 additional months for site preparation and post-placement stabilization activities.
Persons wishing to comment on this project should submit the comments in writing to William Tomayko, Regional Solid Waste Manager, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790. Comments should include all reasonably available references, factual grounds and supporting materials.
Certification to Perform Radon-Related Activities in this Commonwealth In the month of August 2002, the Department of Environmental Protection, under the authority contained in 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 Perry Ecksel 804 Second Street Pike
Southampton, PA 18966Testing Donna Moles 207 DeKalb Street
Norristown, PA 19401Testing Jeffrey Nicholls P. O. Box 400
Henryville, PA 18332Testing Larry Radel 143 West Main Street
Plymouth, PA 18651Mitigation Troy Rudy
Allied Home Inspections, Inc.P. O. Box 4214
Lancaster, PA 17604Mitigation Jeffrey Smith 2020 Bellmeade Drive
Altoona, PA 16602Testing John Staz, III
Environquest, Inc.1738 North Third Street
Harrisburg, PA 17102Testing
[Pa.B. Doc. No. 02-1596. Filed for public inspection September 13, 2002, 9:00 a.m.]
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