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PA Bulletin, Doc. No. 04-375f

[34 Pa.B. 1340]

[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 Permit Actions

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   49773204C3. Gilberton Coal Company (10 Gilberton Street, Gilberton, PA 17934), correction to an existing coal refuse reprocessing operation in Butler, Mt. Carmel and Conyngham Townships, Schuylkill, Northumberland and Columbia Counties, affecting 958.0 acres. Receiving streams: None. Application received August 27, 2003. Correction issued February 13, 2004.

   40980103R. No. 1 Contracting Corporation (49 South Main Street, Ashley, PA 18706), renewal of an existing anthracite surface mine operation in Hazle and Banks Townships, Luzerne and Carbon Counties, affecting 37.0 acres. Receiving streams: None. Application received March 20, 2003. Renewal issued February 17, 2004.

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

   30841314. NPDES Permit No. PA0215368, Dana Mining Company of PA, Inc. (P. O. Box 1209, Morgantown, PA 26507), to renew the permit for the Titus Mine in Dunkard Township, Greene County and related NPDES Permit. No additional discharges. Permit issued February 18, 2003.

   03753705. NPDES Permit No. PA0215601, Indiana Investments, Inc. (R. D. 2, Box 305, Shelocta, PA 15774), to transfer the permit for the Urling No. 3 Coal Refuse Disposal Area in Plumcreek Township, Armstrong County, from Keystone Coal Mining Corporation. No additional discharges. Permit issued February 19, 2004.

   32841312. NPDES Permit No. PA0037087, Indiana Investments, Inc. (R. D. 2, Box 305, Shelocta, PA 15774), to transfer the permit for the Urling No. 1 and No. 3 Mines in Armstrong and Washington Townships, Indiana County and Plumcreek and South Bend Townships, Armstrong County, from Keystone Coal Mining Corporation. No additional discharges. Permit issued February 19, 2004.

   32841313. NPDES Permit No. NA, Indiana Investments, Inc. (R. D. 2, Box 305, Shelocta, PA 15774), to transfer the permit for the Urling No. 2 Mine in Armstrong Township, Indiana County, from Keystone Coal Mining Company. No additional discharges. Permit issued February 19, 2004.

   Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.

   24880103 and NPDES Permit No. PA0104779. Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824). Renewal of an existing bituminous strip operation in Horton Township, Elk County, affecting 541.0 acres. Receiving streams: unnamed tributary to Mead Run, unnamed tributary to Vineyard Run, two unnamed tributaries to Laurel Run, two unnamed tributaries to West Branch Walburn Run. This renewal is issued for reclamation only. Application received May 15, 2003. Permit issued February 12, 2004.

   10890114 and NPDES Permit No. PA0207608. Rosebud Mining Company (301 Market Street, Kittanning, PA 16201). Renewal of an existing bituminous strip operation in Bruin Borough and Parker Township, Butler County, affecting 100.6 acres. This renewal is issued for reclamation only. Receiving streams: unnamed tributaries to South Branch Bear Creek. Application received December 12, 2003. Permit issued February 17, 2004.

   33980102 and NPDES Permit No. PA0227714. Beth Contracting, Inc. (815 Rock Run Road, Glen Campbell, PA 15742). Renewal of an existing bituminous strip operation in Gaskill Township, Jefferson County, affecting 32.0 acres. This renewal is issued for reclamation only. Receiving streams: two unnamed tributaries to East Branch Mahoning Creek. Application received December 22, 2003. Permit issued February 17, 2004.

   10820122 and NPDES Permit No. PA0604852. Allegheny Mineral Corporation (P. O. Box 1022, Kittanning, PA 16201). Renewal of an existing bituminous strip, auger and limestone removal operation in Marion and Mercer Townships, Butler County, affecting 598.6 acres. Receiving streams: two unnamed tributaries to North Branch Slippery Rock Creek. Application received April 2, 2003. Permit issued February 18, 2004.

   10920112. State Industries, Inc. (P. O. Box 1022, Kittanning, PA 16201). Revision to an existing bituminous strip, auger and coal ash placement operation to change the post-mining land use from noncommercial forestland to pastureland or land occasionally cut for hay on the Buffalo Valley, LTD property in Concord Township, Butler County. Receiving streams: four unnamed tributaries to Bear Creek. Application received November 21, 2003. Permit issued February 18, 2004.

   24980101 and NPDES Permit No. PA0227706. Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824). Renewal of an existing bituminous strip, auger and clay removal operation in Fox Township, Elk County, affecting 457.0 acres. This renewal is issued for reclamation only. Receiving streams: unnamed tributary to McCauley Run and unnamed tributary to Little Toby Creek. Application received December 12, 2003. Permit issued February 17, 2004.

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

   11990103 and NPDES Permit No. PA0235091. Paul F. Becker Coal Company, 1593 Old Route 22, Duncansville, PA 16635, permit revision for a road variance to conduct surface mining activities within the 100-foot road barrier of a portion of SR 0036 in Elder Township, Cambria County, affecting 21.2 acres. Receiving streams: unnamed tributary to Brubaker Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received September 30, 2003. Permit issued February 20, 2004.

   Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.

   02020102 and NPDES Permit No. PA0250317. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Permit for commencement, operation and restoration of a bituminous surface mine in Fawn Township, Allegheny County, affecting 137.3 acres. Receiving streams: unnamed tributary to Bull Creek. Application received November 27, 2002. Permit issued February 20, 2004.

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

   17820104 and NPDES No. PA0609218. Sky Haven Coal, Inc. (R. R. 1, Box 180, Penfield, PA 15849). Renewal of an existing bituminous surface mine-auger permit in Boggs and Bradford Townships, Clearfield County, affecting 479.5 acres. Receiving streams: Long Run and an unnamed tributary to Clearfield Creek to West Branch Susquehanna River. Application received September 30, 2003. Permit issued February 11, 2004.

Noncoal Permit Actions

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   8173SM1A1C9 and NPDES Permit No. PA0594148. Hanson Aggregates Pennsylvania, Inc. (P. O. Box 231, Easton, PA 18044-0231), renewal of NPDES Permit for discharge of treated mine drainage in East Caln Township, Chester County. Receiving streams: East Branch Brandywine Creek. Application received October 15, 2003. Renewal issued February 17, 2004.

   21020301 and NPDES Permit No. PA0224251. Pennsy Supply, Inc. (1001 Paxton Street, Harrisburg, PA 17104), commencement, operation and restoration of a quarry operation in Penn Township, Cumberland County, affecting 251.78 acres. Receiving streams: unnamed intermittent tributary to Mt. Rock Spring Creek. Application received October 9, 2002. Permit issued February 18, 2004.

   49030301 and NPDES Permit No. PA0224316. Meckley's Limestone Products, Inc. (R. R. 1 Box 1682, Herndon, PA 17830), commencement, operation and restoration of a quarry operation in Lower Mahanoy and Jordan Townships, Northumberland County, affecting 178.3 acres. Receiving streams: Upper Fiddler Run. Application received March 26, 2003. Permit issued February 18, 2004.

   6174SM5A2C8 and NPDES Permit No. PA0594423. Meckley's Limestone Products, Inc. (R. R. 1 Box 1682, Herndon, PA 17830), correction to an existing quarry operation in Lower Mahanoy and Jordan Townships, Northumberland County, affecting 166.6 acres. Receiving streams: Upper Fiddler Run. Application received March 26, 2003. Correction issued February 18, 2004.

   40960303T. Reading Materials, Inc. (P. O. Box 1467, Skippack, PA 19474), transfer of an existing quarry operation in Lehman Township, Luzerne County, affecting 54.5 acres, receiving streams: None. Application received March 14, 2002. Transfer issued February 19, 2004.

   5077SM1T2. Reading Materials, Inc. (P. O. Box 1467, Skippack, PA 19474), transfer of an existing quarry operation in Lehman Township, Luzerne County, affecting 103.63 acres. Receiving streams: None. Application received March 14, 2002. Transfer issued February 19, 2004.

   Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.

   37840409. Cemex, Inc. (1200 Smith Street, Suite 2400, Houston, TX 77002). Renewal of NPDES Permit No. PA0108596 in Shenango Township, Lawrence County. Receiving streams: unnamed tributaries to McKee Run and unnamed tributaries to Shenango River. Application received December 15, 2003. Permit issued February 12, 2004.

   3175SM11. Cemex, Inc. (1200 Smith Street, Suite 2400, Houston, TX 77002). Renewal of NPDES Permit No. PA0121631 in Shenango and Taylor Townships, Lawrence County. Receiving streams: unnamed tributary to McKee Run. Application received December 15, 2003. Permit issued February 12, 2004.

   37930303. Rose Point Sand & Gravel, Inc. (R. R. 4, Box 496, New Castle, PA 16101). Renewal of NPDES Permit No. PA0211656 in Slippery Rock and Muddy Creek Townships, Lawrence and Butler Counties. Receiving streams: unnamed tributary to Muddy Creek and Muddy Creek. Application received December 24, 2003. Permit issued February 17, 2004.

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.

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.

   52045001. E. R. Linde Construction Corp. (R. R. 6 Box 6825, Honesdale, PA 18431), construction blasting at the Goodwin Excavating Site Development in Hawley/Palmyra Township, Pike County, with an expiration date of March 13, 2005. Permit issued February 19, 2004.

   48044002. Bernard J. Hasara (1125 East Mahanoy Avenue, Mahanoy City, PA 17948) and MF Ronca & Sons (179 Mikron Road, Bethlehem, PA 18020), construction blasting at the South Interceptor Phase I Sanitary Sewer Operation in Palmer Township, Northampton County, with an expiration date of July 17, 2004. Permit issued February 19, 2004.

   06044003. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Stonehedge Properties in Bern Township, Berks County, with an expiration date of December 31, 2005. Permit issued February 19, 2004.

   38044001. ABEL Construction Co., Inc. (3925 Columbia Avenue, Mountville, PA 17554), construction blasting at Village at Springbrook Farms Phase I in South Londonderry Township, Lebanon County, with an expiration date of August 17, 2004. Permit issued February 19, 2004.

   46044007. Labrador Construction Co. (P. O. Box 1379, Marshalls Creek, PA 18335) and Austin Powder Company (559 Nor-Bath Boulevard, Northampton, PA 18067), construction blasting at Malvern School in Upper Merion Township, Montgomery County, with an expiration date of June 2, 2004. Permit issued February 19, 2004.

   36044006. Hall Explosives, Inc. (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting at West-Wood Green in Manor Township, Lancaster County, with an expiration date of March 17, 2005. Permit issued February 19, 2004.

   Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.

   65034001. Mascaro Contracting (4455 William Penn Highway, Murrysville, PA 15668). Permit reissued for blasting activities at a borrow pit in the municipality of Murrysville, Westmoreland County, with an expected duration of 120 days. Original permit issued May 28, 2003. Permit reissued February 23, 2004.

   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 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.

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

   E45-451. Pocono Lake Preserve, Pocono Lake Preserve, PA 18348. Tobyhanna Township, Monroe County, Army Corps of Engineers Philadelphia District, Subbasin 2A.

   To remove the existing structure and to construct and maintain a concrete arch bridge having a span of 24.0 feet and a maximum underclearance of approximately 7.0 feet across Wagner Run (HQ-CWF, perennial). The project is along North Shore Road of Pocono Lake Preserve, approximately 0.5 mile south of SR 0940 (Blakeslee, PA Quadrangle N: 20.2 inches; W: 3.2 inches). The project proposes to directly affect 48 linear feet of stream.

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

   E05-314: James and Kristie Schwartz, 3773 Evitts Creek Road, Bedford, PA 15522 in Cumberland Valley Township, Bedford County, ACOE Baltimore District.

   To construct and maintain a 36.5-foot long, 57-inch by 83-inch culvert crossing depressed 1-foot below streambed, along an unnamed tributary to Evitts Creek (HQ-CWF) in Cumberland Valley Township, Bedford County (Beans Cove, PA Quadrangle N: 14.4 inches; W: 16.65 inches).

   E21-350: Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112 in Silver Spring Township, Cumberland County.

   To modify 1,800 linear feet of floodway of an unnamed tributary to the Conodoguinet Creek (WWF), locally known as Potteiger Run, by constructing and maintaining 2,600 linear feet of trapezoidal channel, including one 50-foot long culvert of 49-inch by 33-inch corrugated metal pipe arch and one 60-foot long culvert of 49-inch by 33-inch corrugated metal pipe arch, all on the north side of U. S. Route 11 (Carlisle Pike), 1/2 mile west of the Ridge Road intersection (Mechanicsburg, PA Quadrangle N: 19.6 inches; W: 14.0 inches) in Silver Spring Township, Cumberland County.

   E21-353: Orchard Development Group, LLC, 2000 Technology Parkway, Suite 200, Mechanicsburg, PA 17050 in Upper Allen Township, Cumberland County, ACOE Baltimore District.

   To install and maintain: (1) a 25-foot 2-inch by 8-foot 5-inch long span arch 137 feet in length and relocation of 247 feet of stream channel; (2) a 27-foot 3-inch by 10-foot long span arch 98 feet in length; (3) a 28-foot 1-inch by 9-foot 6-inch long span arch 54 feet in length and removal of existing 60-inch by 40-inch arch pipe; (4) a 28-foot 1-inch by 9-foot 6-inch long span arch 70 feet in length; (5) permanent wetland fill of 0.89 acre and temporary wetland impacts of 0.02 acre; (6) four crossings of electric, telephone and cable utility lines within the proposed roadbed; (7) three crossings of waterlines; (8) one storm sewer crossing; (9) three sanitary sewer line crossings; and (10) two pipe outfalls, all to cross an unnamed tributary to the Yellow Breeches Creek (CWF) and associated wetlands, for the purpose of constructing the Glaize Orchard Planned Residential Development directly east of the Winding Hill Road Park and Ride Lot on US Route 15 south of the Pennsylvania Turnpike (I-76) (Lemoyne, PA Quadrangle N: 11.5 inches; W: 12.0 inches) in Upper Allen Township, Cumberland County.

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

   E08-407. Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754. Bridge work in Troy Township, Bradford County, ACOE Baltimore District (Troy, PA Quadrangle N: 16.45 inches; W: 6.70 inches).

   To: (1) remove the existing reinforced concrete slab bridge which has a span of 20 feet, a curb-to-curb width of 34.1 feet, an out-to-out width of 47.3 feet, a 14-foot clear span, an underclearance of 4 feet 3 inches and is on a 90 degree skew; (2) construct a prestressed concrete adjacent plank beam bridge with a clear span of 31.5 feet on a 90 degree skew, an out-to-out width of 47.3 feet and a hydraulic opening of 173 square feet; (3) excavate approximately 1,450 cubic yards of material in the floodway and shift the West Branch of Sugar Creek (WWF) 20 feet to the southwest, beginning immediately downstream of the Redington Street Bridge and continuing approximately 250 feet downstream to the confluence with South Branch Sugar Creek. The proposed stream channel will be 24 feet wide with left and right bank slopes of 1.5 to 1 and 2 to 1 respectively; and (4) construct a temporary roadway around the proposed bridge site on the near side of the bridge and a temporary bridge immediately downstream of the existing structure. The project is in the West Branch of Sugar Creek at the intersection of SR 14 and Redington Street. The project will not impact wetland while impacting approximately 300 feet of waterway. Approximately 0.66 acre of earth will be disturbed by the project.

   E08-409. Troy Borough, 110 Elmira Street, Troy, PA 16947. Bridge replacement in Troy Borough, Bradford County, ACOE Baltimore District (Troy, PA Quadrangle N: 6.38 inches, W: 5.5 inches).

   To: (1) remove the existing single span concrete encased I-beam bridge with a steel I-beam, timberdeck structure with a clear span length of 23 feet 4 inches and a measured vertical under clearance of 5.5 feet to 5.9 feet; a waterway opening of 130 square feet on a skew of 81 degrees; and (2) construct and maintain a single span concrete encased I-beam bridge with steel I-beams and a timber deck structure with a clear span length of 23 feet 4 inches and a vertical underclearance of 6 feet. The original abutment walls to be used to support the proposed superstructure will be raised slightly to improve the underclearance. The project is over the West Branch of Sugar Creek (TSF) between SR 0006 and Redington Avenue. The project will not impact wetlands or waterways while no earth disturbance is anticipated. This permit was issued under section 105.13(e) ''Small Projects.''

   E18-368. Porter Township Municipal Authority, 216 Spring Run Road, Room 105, Mill Hall, PA 17751. Intake structure in Porter Township, Clinton County, ACOE Baltimore District (Mill Hall, PA Quadrangle N: 4.5 inches; W: 13.6 inches).

   To construct and maintain raw water intake facilities consisting of a 6-inch diameter water intake pipe and a 2-foot 6-inch by 30-foot long reinforced concrete headwall in Sink Run (HQ CWF), a tributary to Fishing Creek approximately 1 mile south of the intersection of SR 2004 with Rt. 80. The project will not impact wetlands while impacting approximately 35 feet of waterway and disturbing approximately 0.01 acres of earth. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E49-272. Brian Hubler, R. R. 1, Box 926, Paxinos, PA 17860-9633. Water Obstruction and Encroachment Permit in Shamokin Township, Northumberland County, ACOE Susquehanna River Basin District (Shamokin, PA Quadrangle N: 11.46 inches; W: 16.32 inches).

   To remove an existing wooden structure and construct and maintain two 16-foot long by 6-foot diameter concrete pipes in Benny's Run (CWF). The project is along SR 4026, approximately 2 miles west of SR 0061 and SR 4026 intersection in Shamokin Township, Northumberland County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E60-162. Family Practice Center, PC, Buffalo Valley Shopping Center, 307 East Chestnut St., Mifflinburg, PA 17844, Wetland Fill in Kelly Township, Union County, ACOE Baltimore District (Lewisburg, PA Quadrangle N: 18.4 inches; W: 2.4 inches).

   To impact 0.08 acre of palustrine wetlands to expand an existing medical practice and increase the parking lot by 12 spaces. The site is on a partially developed lot at 133 J. P. M. Road about 1,000 feet north of Lewisburg (Lewisburg, PA Quadrangle N: 18.4 inches; W: 2.4 inches; Latitude: 40° 58` 33"; Longitude: 76° 5` 35") in Kelly Township, Union County.

   E60-163. Department of Conservation and Natural Resources, P. O. Box 8451, Harrisburg, PA 17105-8451. Cherry Run Road bridge replacement in Hartley Township, Union County, ACOE Baltimore District (Weikert, PA Quadrangle N: 17.50 inches; W: 14.40 inches).

   To remove and existing bridge/approach wall and to: (1) construct and maintain a 56-foot long precast concrete ConSpan arch culvert with precast wingwalls, a clear span of 25.23 feet, a minimum inlet underclearance of 6.85 feet and a skew of 39°21`39"; (2) place R-4/native rock choked R-7 riprap for embankment protection along the ends of the wingwalls; (3) 45 linear feet of precast concrete wall on the left upstream bank; and (4) construct and temporarily maintain 245 linear feet of a concrete barrier and sandbag stream diversion dike system through the work area in Cherry Run 500 feet up Cherry Run Road from SR 3002. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

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

   E65-821. Shula General Contractors, Inc., 2193 Harrison City-Export Road, Jeannette, PA 15644. Kingsbury Estates culvert in Penn Township, Westmoreland County, Pittsburgh ACOE District (Slickville, PA Quadrangle N: 2.5 inches; W: 17.1 inches). To construct and maintain a 95-foot long box culvert, having a single waterway opening of 11.0 feet wide by 4.9 feet high in the channel of an unnamed tributary to Bushy Run (TSF). The construction of the culvert and riprap apron at its downstream outlet will affect approximately 150 feet of this watercourse. The structure will be on the entrance road to the proposed Kingsbury Estates residential development, along Claridge-Export Road, approximately 2,200 feet south of its intersection with Mellon Road.

   E65-832. The Meritage Group, L. P., 772 Pine Valley Drive, Pittsburgh, PA 15239. Kerber Farm Estates in North Huntingdon Township, Westmoreland County, Pittsburgh ACOE District (Irwin, PA Quadrangle N: 10.8 inches; W: 17.0 inches) (Latitude: 40° 18` 34"--Longitude: 79° 44` 50"). To operate and maintain an on-stream stormwater detention basin that was constructed by enlarging a former, approximately 0.24-acre pond and fill in approximately 0.08 acre of wetland. In addition, construct and maintain: (1) 200 linear feet of an unnamed tributary within the Crawford Run Watershed (WWF) to compensate for approximately 225 feet of watercourse that was affected by the aforementioned basin construction; (2) an 80-foot long, 15-inch roadway culvert in another tributary within the Youghiogheny Watershed (WWF) which will affect 80 linear feet of watercourse and 0.04 acre of wetlands; and (3) fill in approximately 150 linear feet of an unnamed watercourse within the Youghiogheny River Watershed (WWF). The activities are associated with the construction of 155-lot residential development, referred to as the Kerber Farm Estates, which is near the intersection of Pickford and Mickanin Roads. The permittee will construct a 0.08-acre replacement wetland and a 0.04-acre replacement wetland to compensate for the impacts to wetlands. Issuance of this permit constitutes approval of the Environmental Assessment for a nonjurisdictional dam proposed at the project site.

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

   E62-392, Department of Transportation, District 1-0, 255 Elm Street, Oil City, PA 16301. SR 3005, Segment 0410, Offset 2048 across Allegheny River in City of Warren, Warren County, ACOE Pittsburgh District (Warren, PA Quadrangle N: 20.0 inches; W: 3.5 inches).

   To construct and maintain a prestressed concrete adjacent box beam bridge having four spans of 129 feet (bearing to bearing) and an underclearance of 13.3 feet on a 76 degree skew across the Allegheny River on SR 3005, Segment 0410, Offset 2048 (Hickory Street). The bridge results in an impact to approximately 75 linear feet of the river channel. Project includes installation of a two-phase temporary causeway/crossing impacting approximately 120 linear feet of the channel of the Allegheny River for construction of the bridge consisting of clean rock fill pads and steel bridges.

DAM SAFETY

   Central Office: Bureau of Waterways Engineering, 400 Market Street, Floor 3, P. O. Box 8554, Harrisburg, PA 17105-8554.

   D15-391. Joyce Realty Corporation, P. O. Box 3739, Greenville, DE 19807-0739. To modify, operate and maintain the Kirkwood Fitness Center dam across a tributary to Hunters Run (HQ-TSF), impacting 0.01 acre of wetlands (PEM). This existing dam will be repaired and restored to the original design height (West Chester, PA Quadrangle N: 16.1 inches; W: 1.5 inches) Westtown Township, Chester County.


SPECIAL NOTICES

Submission Date for Recycling Program Development and Implementation Grants under section 902 of the Municipal Waste Planning, Recycling and Waste Reduction Act

   The Department of Environmental Protection (Department) announces the availability of applications to municipalities for recycling program grant assistance under section 902 of the Municipal Waste Planning, Recycling and Waste Reduction Act (act) (53 P. S. § 4000.902). Municipalities eligible for recycling grants include counties, cities, boroughs, incorporated towns, townships, home rule municipalities, their authorities, councils of governments, consortiums or similar entities established by two or more municipalities under 53 Pa.C.S. Chapter 23, Subchapter A.

   Applicants must be in compliance with the provisions of the act and the implementing regulations to be eligible to receive grant funding. At a minimum, those communities mandated to recycle under the act must have enacted an ordinance that includes, but is not limited to, the following:

   a.  A requirement for the separation of at least three materials from municipal solid waste (MSW) by residents of homes and apartments.

   b.  A requirement for the separation of leaf waste (as defined by the act) from MSW by residents of homes and apartments.

   c.  A requirement for the separation of at least high-grade office paper, corrugated paper, aluminum and leaf waste from MSW by commercial, municipal and institutional establishments.

   d.  A curbside collection system for recyclable materials operating at least once per month.

   e.  Provisions to ensure compliance with the ordinance.

   f.  Provisions for the recycling of collected materials.

   In addition, mandated municipalities must conduct a recycling education program which notifies persons occupying every residential, commercial, municipal and institutional establishment within its borders of the requirements of the ordinance. This must be conducted at least once every 6 months.

   Communities not mandated to recycle must provided assurance that their recycling program will be operated in conformance with the Department's Guidelines for Proper Management of Recyclable Materials. Applicants must be in compliance with any previous grant contract provisions. County applicants should be in compliance with planning and other county-related provisions of the act. Applicants who are not in compliance with the act annual reporting requirements will not be considered in this grant application round.

   Municipalities are eligible for 90% funding of approved recycling program costs. Municipalities considered financially distressed by the Department of Community and Economic Development under the Financial Distressed Communities Act are eligible for 100% of approved costs. No application requesting more than $2 million in grant funding will be accepted.

   Applicants requesting support for the following will receive additional consideration:

   1.  Collection vehicles utilizing alternate fuels or noted for their fuel efficiency.

   2.  Development and implementation of a Pay-As-You-Throw program where establishments within the affected community are charged for waste collection based on the amount of waste they generate.

   3.  Development and implementation of a food waste collection and composting program.

   4.  Recycling projects in which the affected community is required by ordinance to participate.

   5.  Recycling projects involving multiple municipalities for the purpose of minimizing costs.

   6.  Development and implementation of a recycling program where recycling opportunities were not previously available.

   7.  Development and implementation of a recycling program for commercial, institutional and municipal establishments.

   8.  Development and implementation of a recycling program for community events.

   Projects eligible for grant funding are those that divert the following recyclable materials from municipal solid waste: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, other marketable grades of paper, plastics, source separated food scraps and leaf and yard wastes.

   Eligible recycling program development costs include: recycling program design costs; recycling market investigations; development of recycling market commitments; development of recycling program ordinances; developing of recycling public education programs; and the costs of developing contracts for procuring equipment or services necessary for the operation of the recycling program.

   Eligible recycling program implementation costs include: purchasing or leasing vehicles used to collect recyclables, transport recyclables to processing facilities or markets and vehicles used in the operation of a materials recovery facility; reusable containers for the collection or storage of recyclable materials; acquiring and/or renovating buildings for the processing or storage of recovered materials; equipment used to process or manufacture recyclable materials into usable products; improvements to land needed to operate a recycling facility or yard waste composting facility authorized under 25 Pa. Code § 271.103(h); and, the costs associated with educating the public on recycling program requirements. Composting projects and programs will be considered to be recycling projects or programs accordingly.

   A municipality must retain sole ownership of equipment or facilities funded by the grant. Funding for equipment or facilities purchased for the recycling program used for recycling and other purposes will be pro-rated according to its recycling use. Funding for certain leaf and yard waste collection equipment may be limited according to its seasonal use. Funding for wood chipping equipment will be approved only when the equipment is part of an approved yard waste composting facility operating under the Department's guidelines and where the material is collected curbside from residents. Funding of street sweepers for the purpose of leaf collection will not be considered.

   Funding may be restricted in situations where equipment or services requested through a grant application may be available from the public or private sector within the county of the applicant. Public notices may be required before the grant application may be submitted depending upon the nature of the funding request. When the municipality submits the recycling grant application to the Department, it must include proof of compliance with the notification requirements, a description of any responses received to the notice and an explanation of why the municipality has concluded the mechanical processing equipment is not available to the program from the private sector.

   Potential applicants must contact the appropriate Department regional planning and recycling coordinator to schedule a preapplication conference to discuss application requirements and program particulars. Applications will be returned to municipalities that fail to schedule preapplication conferences. Grant application forms are available from the Department's regional offices and the Department's website: www.dep.state.pa.us (DEP Keyword: Recycling Grants).

   Grant applications must be received or postmarked by 3 p.m. on June 4, 2004. Applications received by the Department after that date will not be considered during the current round of solicitation. Applications must be on forms provided by the Department, with two copies submitted to the Central Office (Rachel Carson State Office Building, Harrisburg) and one copy submitted to the appropriate county recycling coordinator. Grant awards will be predicated on the receipt of recycling fees required by sections 701 and 702 of the act and the availability of moneys in the Recycling Fund.

   Inquiries concerning this notice should be directed to Todd Pejack, Recycling Grants Coordinator, Department of Environmental Protection, Rachel Carson State Office Building, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472, tpejack@state.pa.us.

Regional Planning and Recycling Coordinators

Southeast Region

Bucks, Chester, Delaware, Montgomery and Philadelphia Counties

Department of Environmental Protection
Waste Management Program
2 East Main Street
Norristown, PA 19401
(484) 250-5960
(484) 250-5961 (fax)

Calvin Ligons (cligons@state.pa.us)
Ann Ryan (aryan@state.pa.us)
MaryAlice Reisse (mreisse@state.pa.us)

Northeast Region

Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne and Wyoming Counties

Department of Environmental Protection
Waste Management Program
2 Public Square
Wilkes-Barre, PA 18711-0790
(570) 826-2516
(570) 826-5448 (fax)

Chris Fritz (cfritz@state.pa.us)

Southcentral Region

Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York Counties

Department of Environmental Protection
Waste Management Program
909 Elmerton Avenue
Harrisburg, PA 17110-8200
(717) 705-4706
(717) 705-4930 (fax)

Mark Vottero (mvottero@state.pa.us)

Northcentral Region

Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union Counties

Department of Environmental Protection
Pollution Prevention and Compliance Assistance
208 W. 3rd Street, Suite 101
Williamsport, PA 17701
(570) 327-3653
(570) 327-3420 (fax)

Rick Illig (rillig@state.pa.us)

Southwest Region

Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland Counties

Department of Environmental Protection
Waste Management Program
400 Waterfront Drive
Pittsburgh, PA 15222-4745
(412) 442-4000
(412) 442-4194 (fax)

Sharon Svitek (ssvitek@state.pa.us)
Bob Emmert (remmert@state.pa.us)
Stephen Sales (ssales@state.pa.us)

Northwest Region

Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren Counties

Department of Environmental Protection
Pollution Prevention and Compliance Assistance
230 Chestnut Street
Meadville, PA 16335-3481
(814) 332-6848
(814) 332-6117 (fax)

Guy McUmber (gmcumber@state.pa.us)

102/NPDES/Stormwater Applications for Construction Activities; Public Hearing Cancellation/Rescheduled

   The Department of Environmental Protection (Department), Water Management Program, will be holding a rescheduled fact finding hearing on the following Stormwater NPDES permit applications:

Henderson Group, Inc., Henderson Elwyn Office Campus, PAS10-J059

CS Properties, LLC, The Riddle Estates, PAI012303003

Gray Creighton, Creighton Properties, PAI012303009

   The hearing is rescheduled from March 25, 2004, to April 15, 2004, at 7 p.m. at the Penncrest High School, 134 Barren Road, Media, PA 19063, Delaware County. The hearing is being held to solicit pertinent comments on these applications. The applications are for stormwater construction activities with a discharge to Ridley Creek. Copies of these applications are available for review in the Southeast Regional Office's Record Management Section, (484) 250-5910. Those interested in reviewing the applications should call to schedule a date to review the file. The project sponsors are:

Henderson Group, Inc., 112 Chesley Drive, Suite 200, Media, PA 19063

CS Properties, LLC, 27 Wallingford Avenue, Building C, Wallingford, PA 19086

Gray Creighton, 475 Highland Avenue, Media, PA 19063

   Comments received will be considered by the Department in completing its review and prior to taking final action concerning the applications. The hearing will not be a question and answer session.

   Persons intending to make a presentation at the hearing should submit written notice to the Regional Manager, Water Management Program, 2 East Main Street, Norristown, PA 19401. The notice should include name, address and phone number, whether the person is opposed or in favor of the project and a brief statement about the presentation. Comments should be kept brief and, depending on the number of speakers, may be limited to 10 minutes per speaker. When groups are represented, a spokesperson is requested to present the group's concerns. Persons wishing to present written material directly to the Department may do so within 30 days following the hearing.

   Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodations to participate in the proceedings should contact Sharon Moore, (484) 250-5821. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

[Pa.B. Doc. No. 04-375. Filed for public inspection March 5, 2004, 9:00 a.m.]



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