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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 04-295d

[34 Pa.B. 953]

[Continued from previous Web Page]

LAND RECYCLING AND ENVIRONMENTAL REMEDIATION

UNDER ACT 2, 1995

PREAMBLE 3


The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).

   Provisions of 25 Pa. Code § 250.8, administration of the Land Recycling and Environmental Remediation Standards Act (act), require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the act for compliance with selection of remediation to a site-specific standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.

   For further information concerning the plans and reports, contact the Environmental Cleanup Program manager in the Department regional office before which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the Community Relations Coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.

   The Department has received the following plans and reports:

   Northeast Region: Joseph A. Brogna, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   ConAgra Foods (a/k/a Saputo Cheese--1002 MacArthur Road), Whitehall Township, Lehigh County. Marjory Rinaldo-Lee, P. G., President, GeoLogic NY Inc., P. O. Box 5080, Cortland, NY 13045, submitted a Final Report (on behalf of ConAgra Foods, 2001 Butterfield Road, Downers Grove, IL 60515) concerning the remediation of soils and groundwater found or suspected to have been contaminated with no. 2, 4 and 6 fuel oil constituents. The report did not demonstrate attainment of the Statewide Health Standard and was disapproved on January 30, 2004. This corrects the notice published at 34 Pa.B. 634 (January 31, 2004). The report was mistakenly reported as having been approved on January 8, 2004.

   Estate of Cunard Lower and Donald Watkins Property, Lehigh Township, Northampton County. Douglas H. Sammak, President, American Analytical and Environmental, Inc., 738 Front Street, Catasauqua, PA 18032 submitted a Final Report (on behalf of Javalyn A. Ramer, West Mountainview Drive, Walnutport, PA and Donald R. Watkins, North Dogwood Road, Danielsville, PA) concerning the remediation of soils found or suspected to have been contaminated with chlorinated solvents and other organics, fuel oil no. 2, leaded gasoline, lead and other inorganics. The report demonstrated attainment of the Residential Statewide Health Standard and was approved on February 9, 2004.

   PPL--Wescosville Substation (Cetronia Road), Upper Macungie Township, Lehigh County. PPL Electric Utilities, 2 North Ninth Street, Allentown, PA 18101 submitted a Final Report concerning the remediation of site soils found or suspected to be contaminated with PCBs. The report was demonstrated attainment of the Statewide Human Health Standard and was approved on January 23, 2004.

   Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   K & K Dodge, Borough of Wrightsville, York County. Alliance Environmental Services, Inc., on behalf of K & K Dodge, Inc., 887 Locust Street, Wrightsville, PA 17368, submitted a combined Remedial Investigation and Final Report concerning remediation of site soils contaminated with leaded gasoline and site groundwater contaminated with chlorinated solvents, leaded gasoline and volatile organics. The combined report demonstrated attainment of a combination of the Statewide Health and Site-Specific Standards and was approved by the Department on February 3, 2004.

   Glen-Gery Corporation, Wyomissing Borough, Berks County. Groundwater & Environmental Services, Inc., 410 Eagleview Boulevard, Suite 110, Exton, PA 19341, on behalf of Glen Gery Corporation, 1166 Spring Street, Wyomissing, PA 19610, submitted a Final Report concerning remediation of site soils and groundwater contaminated with leaded gasoline, unleaded gasoline, fuel oil no. 2 and MTBE. The final report demonstrated attainment of the Statewide Health Standard and was approved by the Department on February 4, 2004.

   Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.

   Former B&B Equipment, Clinton Township, Lycoming County. BL Companies, on behalf of Hoss-Gorman, Inc., P. O. Box 308, Bartonsville, PA 18321, has submitted a Remedial Investigation Report and a Final Report concerning soil contaminated with leaded gasoline and unleaded gasoline and groundwater contaminated with inorganics, leaded gasoline and unleaded gasoline. This combined submission did not demonstrate attainment of the Site-Specific Standard and was disapproved by the Department on January 30, 2004.

   Snyder Fuels, Inc. Release, Upper Mahanoy Township, Northumberland County. Chambers Environmental Group, Inc., on behalf of Snyder Fuels, Inc., 155 S. Tenth Street, Sunbury, PA 17801, has submitted a Final Report concerning soil and groundwater contaminated with BTEX. This Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department February 4, 2004.

   Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

   Pittsburgh International Airport, Old Terminal--Fuel Distribution System, Moon Township, Allegheny County. Brad Cook, CDM, 2740 Smallman Street, Suite 100, Pittsburgh, PA 15222 (on behalf of Thomas Somerville, Allegheny County Department of Aviation, P. O. Box 12370, Pittsburgh, PA 15231-0370) has submitted a Final Report concerning the remediation of site soil contaminated with BTEX and PHCs. The Final Report demonstrated attainment of the Site Specific Standard and was approved by the Department on January 7, 2004.

   Westinghouse Facility Lot 1A, Borough of Trafford, Allegheny and Westmoreland Counties. William C. Smith, Cummings Riter Consultants, Inc., 339 Haymaker Road, Parkway Building, Suite 201, Monroeville, PA 15146 (on behalf of Viacom, Inc., 11 Stanwix Street, Pittsburgh, PA 15222) has submitted a Final Report concerning the remediation of site soil contaminated with PCBs, lead, heavy metals, pesticides, solvents, BTEX, PAHs and cyanide. The Final Report demonstrated attainment of the Site Specific Standard and was approved by the Department on January 7, 2004.

   Washington Penn Plastic Co. Inc., Washington, Washington County. Dan Hall, BMS Environmental Inc., P. O. Box 59, 3037 School Street, Claridge, PA 15623 (on behalf of Jeff Meace, Washington Penn Plastic Co. Inc., 2080 North Main Street, Washington, PA 15301 and Ed McCabe, McCabe Engineering/Contracting Inc., 3470 Brecksville Road, Richfield, OH 44286) has submitted a Final Report concerning the remediation of site groundwater contaminated with lead. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on November 17, 2003.

   The Buncher Company, City of Pittsburgh, Allegheny County. Frank Benacquista, Earth Sciences, Consultants, Inc., One Triangle Lane, Export, PA 15632 (on behalf of Joseph Jakovic, The Buncher Company, 5600 Forward Avenue, Pittsburgh, PA 15217) has submitted a Baseline Environmental Report concerning the remediation of site soil and groundwater contaminated with chlorinated solvents, inorganics, lead, other organics, PAH and PCB. The Baseline Environmental Report was approved by the Department on April 23, 2003.

   Federal Laboratories Site, Area 15A, Conemaugh Township, Indiana County. Kelly R. McIntosh, Conestoga-Rovers & Associates, 2055 Niagara Falls Blvd., Niagara Falls, NY 14304 (on behalf of TransTechnology Corp, 150 Allen Road, Liberty Corner, NJ 07938) has submitted a Cleanup Plan concerning the remediation of site soil and groundwater contaminated with solvents. The Cleanup Plan was approved by the Department on November 25, 2003.

RESIDUAL WASTE GENERAL PERMITS


Permit Renewed under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.

   Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.

   General Permit No. WMGR002. Weyerhaeuser--Johnsonburg Mill, 100 Center Street, Johnsonburg, PA 15845. For the beneficial use of wastewater treatment sludge generated by paper and pulp mills for use as a soil additive to: establish or reestablish agricultural activity on disturbed land; establish herbaceous wildlife habitat; facilitate revegetation on disturbed land at permitted and abandoned mine sites. The Department renewed the permit on February 4, 2004. The permit will expire on February 4, 2014.

   Persons interested in reviewing the general permit may contact the Division of Municipal and Residual Waste, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984.


Permit Approved under the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.

   Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.

   General Permit No. WMGR088. Commonwealth Disposal, Inc., 2340 Paxton Church Rd., Harrisburg, PA 17110. For the beneficial use of drinking water treatment plant sludge generated by water supply treatment facility for application on agricultural lands as a soil additive. The permit was approved by the Division of Municipal and Residual Waste on February 3, 2004.

   Persons interested in reviewing the general permit may contact the Division of Municipal and Residual Waste, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984.

DETERMINATION OF APPLICABILITY FOR RESIDUAL WASTE GENERAL PERMITS


Determination of Applicability for General Permit Renewed under the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and Residual Waste Regulations for a General Permit to Operate Residual Waste

   Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.

   General Permit No. WMGR002D008. Team Ten LLC, 1600 Pennsylvania Ave., Tyrone, PA 16686-1758. For the beneficial use of wastewater treatment sludge generated by paper and pulp mills for use as a soil additive to: establish or reestablish agricultural activity on disturbed land; establish herbaceous wildlife habitat; facilitate revegetation on disturbed land at permitted and abandoned mine sites. The Department renewed the determination of applicability on January February 4, 2004. The determination of applicability will expire on February 4, 2014.

   Persons interested in reviewing the general permit may contact the Division of Municipal and Residual Waste, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984.

AIR QUALITY


General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   GP3-67-03124: Kinsley Construction, Inc. (P. O. Box 2886, York, PA 17405-2886) on February 4, 2004, authorized to operate a portable nonmetallic mineral processing plant under GP3 in East Manchester Township, York County.

   GP5-03-00235: EOG Resources, Inc. (Millcraft Plaza One, Suite 300, 400 Southpointe Blvd., Canonsburg, PA 15317) on February 6, 2004, to operate a Compressor Engine at State Games Lands in South Bethlehem Borough, Armstrong County.


Plan Approvals Issued under the Air Pollution Control Act and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   22-05007B: The Harrisburg Authority (One Keystone Plaza, Suite 104, Harrisburg, PA 17101) on February 5, 2004, for construction at the Harrisburg Materials, Energy, Recycling and Recovery Facility, 1670 South 19th Street, City of Harrisburg, Dauphin County. This facility is subject to 40 CFR Part 60, Subpart Eb--Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996.

   Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; David Aldenderfer, Program Manager, (570) 327-3637.

   49-00009B: Mohawk Flush Doors, Inc. (US Route 11, Northumberland, PA 17857) on January 16, 2004, to modify wood door/door component surface coating spray booth no. 4 by increasing its allowable VOC emission rate from 1.0 ton in any 12 consecutive month period to 3.55 tons in any 12 consecutive month period in Point Township, Northumberland County.

   17-303-003B: Glenn O. Hawbaker, Inc. (711 East College Avenue, Bellefonte, PA 16823) on January 20, 2004, to modify a drum mix asphalt concrete plant by authorizing the use of no. 5 fuel oil, no. 6 fuel oil and recycled/reprocessed oil as fuel in the plant's drum burner and by authorizing the processing of recycled asphalt pavement in Sandy Township, Clearfield County.

   Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; William Charlton, New Source Review Chief, (412) 442-4174.

   04-00439B: Arrow Terminals LP (2701 Midland-Beaver Road, Industry, PA 15052) on February 2, 2004, to operate a metallic mineral processing plant at industry terminal lot no. 1 with a fabric collector in Industry Borough, Beaver County.

   04-00033B: NOVA Chemicals, Inc. (400 Frankfort Road, Monaca, PA 15061) on February 4, 2004, to allow for the expansion of the ARCEL production process and the installation of a catalytic oxidizer at their Monaca Plant in Potter Township, Beaver County.

   Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Devendra Verma, New Source Review Chief, (814) 332-6940.

   37-013E: Cemex, Inc. (2001 Portland Park, Wampum, PA 16157) on January 27, 2004, for changes to the slag feeding equipment in Wampum, Lawrence County.


Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.13, 127.13a and 127.32.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   36-05126A: McMinn's Asphalt Co., Inc. (P. O. Box 4688, Lancaster, PA 17604-4688) on January 1, 2004, to construct a batch asphalt plant controlled by a fabric filter in West Donegal Township, Lancaster County. This facility is subject to 40 CFR Part 60, Subpart I--Standards of Performance for Hot Mix Asphalt Facilities; and Subpart Kb--Standards of Performance for Volatile Organic Liquid Storage Vessels. This plan approval was extended.

   Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; David Aldenderfer, Program Manager, (570) 327-3637.

   55-399-005: Professional Building Systems, Inc. (72 East Market Street, Middleburg, PA 17842) on January 30, 2004, to operate a modular home manufacturing facility on a temporary basis until May 29, 2004, in Middleburg Borough, Snyder County. The plan approval and authorization have been extended.

   Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Devendra Verma, New Source Review Chief, (814) 332-6940.

   10-001G: AK Steel Corp. (Route 8 South, Butler, PA 16003) issued January 30, 2004, for construction of steel slap skimming operations in Butler, Butler County.


Plan Approvals Denied, Terminated, Modified, Suspended or Revoked under the Air Pollution Control Act and the provisions of 25 Pa. Code §§ 127.13b and 127.13c.

   Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; David Aldenderfer, Program Manager, (570) 327-3637.

   59-00001A: Westfield Tanning Co. (360 Church Street, Westfield, PA 16950) on January 6, 2004, to deny plan approval for construction of a tannin recovery system due to the applicant's failure to demonstrate that the air contaminant emissions would be controlled to the maximum extent consistent with the best available technology, the applicant's failure to demonstrate that the tannin recovery system would be equipped with reasonable and adequate facilities to monitor and record operating conditions which may affect the emission of air contaminants, the applicant's failure to demonstrate that the tannin recovery system would be operated and maintained in accordance with good air pollution control practices, the applicant's failure to demonstrate that provisions had been made in the design of the tannin recovery system to accommodate the performance of source testing to determine the air contaminant emission rates and the applicant's failure to provide information that was requested by the Department and which is necessary to perform a through evaluation of the air contamination aspects of the tannin recovery system in Westfield Borough, Tioga County.


Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.

   Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401; Thomas McGinley, New Source Review Chief, (484) 250-5920.

   09-00165: Boekel Industries, Inc. (855 Pennsylvania Boulevard, Feasterville, PA 19053) on February 3, 2004, to operate a Natural Minor Operating Permit in Lower Southampton Township, Bucks County.


Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.

   Southeast Region:  Air Quality Program, 2 East Main Street, Norristown, PA 19401; Thomas McGinley, New Source Review Chief, (484) 250-5920.

   09-00073: Clearview Structural Steel (1946 Cherry Lane, Souderton, PA 18964) on February 3, 2004, an administrative amendment for Facility Title V Operating Permit in Hilltown Township, Bucks County.

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.

   54030101. Waldemar T. Fetterolf, Sr. (P. O. Box 77, Main Street, Locustdale, PA 17945), commencement, operation and restoration of an anthracite surface mine operation in New Philadelphia Borough, Schuylkill County, affecting 100.0 acres. Receiving streams: None. Application received February 12, 2003. Permit issued February 2, 2004.

   35970201R. APHC II, Inc. (148 Adams Avenue, Scranton, PA 18503), renewal of an existing coal refuse reprocessing operation in the City of Scranton, Lackawanna County, affecting 26.8 acres. Receiving streams: None. Application received October 9, 2003. Renewal issued February 2, 2004.

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

   63901701. NPDES Permit No. PA0001147, Consolidation Coal Company (P. O. Box 355, 172 Route 519, Eighty Four, PA 15330), to renew the permit for the Hahn Treatment Plant/Montour 4 in Cecil Township, Washington County and related NPDES permit. No additional discharges. Permit issued January 30, 2004.

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

   33990106 and NPDES Permit No. PA0228010. Falls Creek Energy Co., Inc. (R. R. 6, Box 231, Kittanning, PA 16201). Renewal of an existing bituminous strip and auger operation in McCalmont Township, Jefferson County, affecting 168.7 acres. This permit is issued for reclamation only. Receiving streams: Turnip Run. Application received October 24, 2003. Permit issued February 2, 2004.

   16030101 and NPDES Permit No. PA0242349. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127). Commencement, operation and restoration of a bituminous strip and coal ash placement operation in Redbank and Limestone Townships, Clarion County, affecting 75.2 acres. Receiving streams: unnamed tributaries to Town Creek. Application received March 7, 2003. Permit issued February 2, 2004.

   33990103 and NPDES Permit No. PA0227986. Falls Creek Energy Co., Inc. (R. R. 6, Box 231, Kittanning, PA 16201). Renewal of an existing bituminous strip operation in McCalmont Township, Jefferson County, affecting 71.6 acres. This permit is issued for reclamation only. Receiving streams: Camp Run. Application received December 5, 2003. Permit issued January 28, 2004.

   33030108 and NPDES Permit No. PA0242420. Falls Creek Energy Co., Inc. (R. R. 6, Box 231, Kittanning, PA 16201). Commencement, operation and restoration of a bituminous strip and auger operation in Beaver Township, Jefferson County, affecting 92.3 acres. Receiving streams: unnamed tributaries to Little Sandy Creek. Application received August 1, 2003. Permit issued January 28, 2004.

   5616-33030108-E-1. Falls Creek Energy Co., Inc. (R. R. 6, Box 231, Kittanning, PA 16201). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributaries nos. 2 and 6 to Little Sandy Creek in Beaver Township, Jefferson County. Receiving streams: unnamed tributaries to Little Sandy Creek. Application received August 1, 2003. Permit issued January 28, 2004.

   10030101 and NPDES Permit No. PA0242331. Quality Aggregates, Inc. (200 Neville Road, Neville Island, PA 15225). Commencement, operation and restoration of a bituminous strip and coal ash placement operation in Venango Township, Butler County, affecting 95.0 acres. Receiving streams: unnamed tributary no. 2 to Seaton Creek. Application received March 5, 2003. Permit issued February 2, 2004.

   5380-10030101-E-1. Quality Aggregates, Inc. (200 Neville Road, Neville Island, PA 15225). Application for a stream encroachment to conduct mining activities within 100 feet of unnamed tributary no. 2 to Seaton Creek in Venango Township, Butler County. Receiving streams: unnamed tributary no. 2 to Seaton Creek. Application received March 5, 2003. Permit issued February 2, 2004.

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

   56930112 and NPDES Permit No. PA0212636. Future Industries, Inc. (P. O. Box 157, Meyersdale, PA 15552), permit renewal for continued operation of a bituminous surface mine in Black Township, Somerset County, affecting 316.0 acres. Receiving streams: unnamed tributaries to/and Rhoades Creek (WWF). There are no potable water supply intakes within 10 miles downstream. Application received October 10, 2003. Permit issued January 30, 2004.

   11813015 and NPDES Permit No. PA0607991. Cooney Brothers Coal Company (P. O. Box 246, Cresson, PA 16630), permit renewal for reclamation only and for continued restoration of a bituminous surface mine in Gallitzin and Logan Townships, Cambria and Blair Counties, affecting 170.6 acres. Receiving streams: unnamed tributary to Kittanning Run; to Kittanning Run; and to unnamed tributary to Glenwhite Run (CWF). The first downstream potable water supply intake from the point of discharge is Altoona City Blair County Authority Burgoon Run Glenwhite Surface Withdrawal. Application received January 14, 2004. Permit issued January 30, 2004.

   32980201. Ridge Energy Company (265 Swamp Road, Clymer, PA 15728), permit renewal for reclamation only and for continued restoration of a bituminous coal refuse reprocessing surface mine in Pine Township, Indiana County, affecting 16.0 acres. Receiving streams: Yellow Creek (CWF). The first downstream potable water supply intake from the point of discharge is Indiana County Water Authority Yellow Creek intake. Application received December 4, 2003. Permit issued January 30, 2004.

   17724026 and NPDES Permit No. PA0608904. E. P. Bender Coal Company, Inc. (Main and Lehmier Streets, P. O. Box 594, Carrolltown, PA 15722), permit renewal for reclamation only and for continued restoration of a bituminous surface and auger mine in White and Beccaria Townships, Cambria and Clearfield Counties, affecting 145.5 acres. Receiving streams: unnamed tributary to Witmer Run (CWF); and unnamed tributary to Beaverdam Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received November 19, 2003. Permit issued January 30, 2004.

   32980114 and NPDES Permit No. PA0234923. Simpson Coal Company (R. D. 1, Box 244, New Alexandria, PA 15670), permit renewal for continued operation of a bituminous surface and auger mine in Young Township, Indiana County, affecting 67.5 acres. Receiving streams: Blacklegs Creek and an unnamed tributary to Blacklegs Creek (CWF). There are no potable water supply intakes within 10 miles downstream. Application received December 3, 2003. Permit issued January 31, 2004.

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

   03980104 and NPDES Permit No. PA0202231. Dutch Run Coal, Inc. (R. D. 2, Shelocta, PA 15774). Permit renewal issued for continued reclamation only of a bituminous surface mining site in West Franklin and Sugarcreek Townships, Armstrong County, affecting 51.3 acres. Receiving streams: unnamed tributary to Patterson Creek and Patterson Creek. Application received November 17, 2003. Reclamation only renewal issued January 30, 2004.

   26783002 and NPDES Permit No. PA0600199. T. L. Hill Coal Company (2195 Morgantown Road, Uniontown, PA 15401-9803). Permit renewal issued for continued operation and reclamation of a bituminous surface mine in Georges Township, Fayette County, affecting 56.9 acres. Receiving streams: York Run to Georges Creek to the Monongahela River. Application received November 20, 2003. Renewal issued February 3, 2004.

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

   17814000 and NPDES Permit No. PA0608769. TDK Coal Sales, Inc. (P. O. Box 259, Brockway, PA 15824). Renewal of an existing bituminous surface mine permit in Penn Township, Clearfield County, affecting 204.2 acres. Receiving streams: unnamed tributary to and Irish Run to Curry Run to West Branch Susquehanna River. Application received September 4, 2003. Permit issued January 21, 2004.

   17-03-06. Whitetail Contracting (P. O. Box 220, Woodland, PA 16881). The Hawk Run District Mining Office awarded a Government Financed Construction Contract to Whitetail Contracting on January 29, 2004, that will result in incidental coal removal necessary to accomplish reclamation of an abandoned mine land site affecting 2.4 acres. The site is in Decatur Township, Clearfield County. Under the terms of the contract, no reprocessing of the coal refuse may take place and no coal refuse materials may be returned to the site once removed. The contract requires total reclamation and revegetation of the project area. The project was made possible under a program developed by the Department which allows for expedited removal and reclamation of old coal refuse piles which are generally eyesores as well a major sources of siltation and pollution to the streams of this Commonwealth. Application received September 15, 2003. Permit issued January 29, 2004.

Noncoal Permit Actions

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

   38020302. Haines & Kibblehouse, Inc. (2052 Lucon Road, P. O. Box 196, Skippack, PA 19474), commencement, operation and restoration of a quarry operation in Cornwall Borough, Lebanon County, affecting 23.1 acres. Receiving streams: None. Application received September 24, 2002. Permit issued February 4, 2004.

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

   37960302. Atlantic States Materials of PA, Inc. (P. O. Box 269, Mercer, PA 16137). Transfer of an existing sand and gravel operation from Shamrock Mineral Corporation in Little Beaver Township and New Beaver Borough, Lawrence County, affecting 70.7 acres. Receiving streams: unnamed tributary to North Fork Little Beaver Creek. Application received November 4, 2003. Permit issued January 28, 2004.

   37800303. Slippery Rock Materials, Inc. (R. R. 2, Box 228, Golf Course Road, Volant, PA 16156). Renewal of NPDES Permit No. PA0122734, Plain Grove Township, Lawrence County. Receiving streams: Taylor Run. Application received December 5, 2003. Permit issued January 28, 2004.

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

   59031001. Terry Jacobson (P. O. Box 32, Sabinsville, PA 16943). Final bond release for a small noncoal mining operation in Nelson Township, Tioga County. Restoration of 2 acres completed. Application for final bond release received January 14, 2004. Final bond release approved February 3, 2004.

   59031002. Terry Jacobson (P. O. Box 32, Sabinsville, PA 16943). Final bond release for a small noncoal mining operation in Nelson Township, Tioga County. Restoration of 1.5 acres completed. Application for final bond release received January 14, 2004. Final bond release approved February 3, 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.

   15044004. AMROC (7531 Chestnut Street, Zionsville, PA 18092), construction blasting at Rock Run Sewage Pump Station in Valley Township, Chester County, with an expiration date of March 26, 2004. Permit issued January 30, 2004.

   22044002. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting at Rabbit Hill Estates in Upper Paxton Township, Dauphin County, with an expiration date of February 26, 2009. Permit issued January 30, 2004.

   22044003. M & J Explosives, Inc. (P. O. Box 608, Carlisle, PA 17013), construction blasting at Maiden Creek Development (Robert-Thomas) in Lower Paxton Township, Dauphin County, with an expiration date of January 14, 2005. Permit issued January 30, 2004.

   40044001. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting at Frank O'Brian--Hartman Road in Plymouth Township, Luzerne County, with an expiration date of May 9, 2004. Permit issued January 30, 2004.

   48044001. Austin Powder Company (P. O. Box 289, Northampton, PA 18067), construction blasting at Young's VW in Palmer Township, Northampton County, with an expiration date of February 25, 2005. Permit issued January 30, 2004.

   45022001. Rick Rufe Drilling & Blasting (R. R. 6, Box 63608, Saylorsburg, PA 18353) and Austin Powder Company (P. O. Box 289, Northampton, PA 18067), construction blasting at Chestnut Valley View in Chestnut Township, Monroe County, with an expiration date of August 25, 2004. Permit issued January 30, 2004.

   28044002. David H. Martin, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), construction blasting at Big Dog Rentals in South Hampton Township, Franklin County, with an expiration date of January 31, 2005. Permit issued February 2, 2004.

   28044003. R & M Excavating (403 Hilltop Road, Newburg, PA 17240), construction blasting at Guilford Water Watermain in Guilford Township, Franklin County, with an expiration date of June 15, 2004. Permit issued February 2, 2004.

   28044004. Fayetteville Contractors, Inc. (P. O. Box FCI, Fayetteville, PA 17222), construction blasting at Sewer Lateral Connections in Guilford Township, Franklin County, with an expiration date of May 15, 2004. Permit issued February 2, 2004.

   67044004. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Black Bridge Industrial Park in Manchester Township, York County, with an expiration date of February 15, 2005. Permit issued February 2, 2004.

   36045002. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Toll Gate in Manheim Township, Lancaster County, with an expiration date of December 31, 2005. Permit issued February 2, 2004.

   46044002. Rock Work, Inc. (1257 DeKalb Pike, R. D. 2, Blue Bell, PA 19422), construction blasting at The Villas in Limerick Township, Montgomery County, with an expiration date of January 31, 2005. Permit issued February 2, 2004.

   23044001. Explo-Craft, Inc. (P. O. Box 1332, West Chester, PA 19380), construction blasting for a foundation at 11 Windtree Lane in Thornbury Township, Delaware County, with an expiration date of February 27, 2005. Permit issued February 4, 2004.

   01044001. Stone Valley Construction (P. O. Box 369, Pine Grove Mills, PA 16868) and Douglas Explosives (P. O. Box 77, Philipsburg, PA 16866), utilities excavation at Cannon Ridge in Cumberland Township, Adams County, with an expiration date of December 31, 2004. Permit issued February 4, 2004.

   36044003. Warren's Excavating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507), construction blasting at The Lakes at Donegal Springs housing development, Mount Joy Borough, Lancaster County, with an expiration date of February 28, 2007. Permit issued February 4, 2004.

   28044005. David H. Martin, Inc. (4961 Cumberland Highway, Chambersburg, PA 17201), residential construction blasting at 11 Orchard Avenue, Chambersburg in Guilford Township, Franklin County, with an expiration date of January 31, 2005. Permit issued February 4, 2004.

   67044005. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting for Shrewsberry Subdivision in Shrewsbury Township, York County, with an expiration date of February 15, 2005. Permit issued February 4, 2004.

   66044001. Hayduk Enterprises (P. O. Box 554, Dalton, PA 18414), construction blasting for site development in Lemon Township, Wyoming County, with an expiration date of January 12, 2005. Permit issued February 4, 2004.

   36044004. Warren's Excavating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507-0189), construction blasting in West Lampeter Township, Lancaster County, with an expiration date of February 28, 2007. Permit issued February 4, 2004.

   15044005. Austin Powder Company (P. O. Box 289, Northampton, PA 18067), construction blasting at Pump Station Rock Run in Coatesville City, Chester County, with an expiration date of August 29, 2004. Permit issued February 5, 2004.

   06044001. Labrador Construction (P. O. Box 1379, Marshalls Creek, PA 18335) and Austin Powder Company (559 Nor-Bath Boulevard, Northampton, PA 18067), construction blasting at Broadcasting Ridge in Spring Township, Berks County, with an expiration date of January 1, 2005. Permit issued February 5, 2004.

   21044001. Follmer Excavating, Inc. (6 Summer Drive, Dillsburg, PA 17019) and John W. Gleim, Jr., Inc. (625 Hamilton Street, Carlisle, PA 17013), construction blasting at Magaro Hills Development in East Pennsboro Township, Cumberland County, with an expiration date of July 15, 2004. Permit issued February 5, 2004.

   22044004. John W. Gleim, Jr., Inc. (625 Hamilton Street, Carlisle, PA 17013), construction blasting at Forrest Hills Development in Lower Paxton Township, Dauphin County, with an expiration date of August 30, 2004. Permit issued February 5, 2004.

   01044002. C. E. Williams & Sons, Inc. (1141 Highland Avenue Road, Gettysburg, PA 17325) and John W. Gleim, Jr., Inc. (625 Hamilton Street, Carlisle, PA 17013), construction blasting at Deatrick Village Development in Cumberland Township, Adams County with an expiration date of July 15, 2004. Permit issued February 5, 2004.

   67044006. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Boyd Hydro in West Manchester Township, York County, with an expiration date of February 28, 2005. Permit issued February 5, 2004.

   46044003. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507), construction blasting at Lederach Golf Club in Lower Salford Township, Montgomery County, with an expiration date of December 31, 2005. Permit issued February 5, 2004.

   46044004. Explo-Craft, Inc. (P. O. Box 1332, West Chester, PA 19380), construction blasting at Aluminum Athletics in Limerick Township, Montgomery County, with an expiration date of February 28, 2005. Permit issued February 5, 2004.

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

   31044001. Bruce Cox/Cox Construction (1618 Ridge Road, Warriors Mark, PA 16877), Edgewood Subdivision--Utility Excavation, Warriors Mark Township, Huntingdon County. Duration--30 days. Permit issued February 4, 2004.

   07044001. Stone Valley Construction (P. O. Box 369, Pine Grove Mills, PA 16868), S & A Homes Chapel Hill Phase 2--stormwater pond excavation, Loga Township, Blair County. Duration February 1, 2004, through January 31, 2005. Permit issued February 4, 2004.

   56044001, Geophysical Applications (113 East Chemung Place, Elmira, NY 14904). Blasting activity permit issued for a seismic exploration project in Lincoln and Jenner Townships, Somerset County. Expected duration of blasting is 90 days. Permit issued February 5, 2004.

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

   26044002 (GFCC No. 26-02-07), Charles L. Swenglish & Sons Coal Co., Inc. (83 Swenglish Lane, Smithfield, PA 15478). Permit issued for remining and reclamation of an abandoned highwall in Georges and Springhill Townships, Fayette County, with an expected duration of 5 years. Permit issued February 5, 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.

   E45-455. Pocono Township, Municipal Building, Route 611 North, P. O. Box 197, Tannersville, PA 18372. Pocono Township, Monroe County, Army Corps of Engineers Philadelphia District, Subbasin 1E.

   To modify and maintain an existing 16-foot by 4-foot concrete box culvert having a 1-foot culvert depression in Cranberry Creek (HQ-CWF, perennial)/Cranberry Swamp with work consisting of attaching a 6-foot long section of 16-foot by 4-foot concrete box culvert to the downstream end. The total length of the box culvert will be 22.0 feet. The project is along Township Road T509 (Bog Road), approximately 0.5 mile east of SR 1001 (Mount Pocono, PA Quadrangle N:  8.2 inches; W:  1.0 inches). The project proposes to directly affect 10 linear feet of stream and temporarily affect 40 linear feet of stream channel.

   E40-626. City of Wilkes-Barre, 40 East Market Street, Wilkes-Barre, PA 18711. The City of Wilkes-Barre, Luzerne County, Army Corps of Engineers Baltimore District.

   To remove the existing structure and to construct and maintain a single-span prestressed concrete spread box beam bridge, having a clear normal span of 39.0 feet and an underclearance of 12.0 feet, across Mill Creek (CWF). The project is along West Sidney Street, approximately 0.8 mile upstream of SR 0309 (Pittston, PA Quadrangle N:  3.3 inches; W:  13.2 inches) (Subbasin: 5B).

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

   E36-759: Little Conestoga Watershed Alliance, P. O. Box 6355, Lancaster, PA 17607 in East Hempfield Township, Lancaster County, ACOE Baltimore District.

   To construct and maintain a stream restoration project within Miller's Run (CWF) for the purposes of: stream bank stabilization, improved sediment transport, establishment of riparian buffers and improved aquatic habitat while implementing a natural stream channel design approach consisting of the following construction activities: channel relocation, stream and floodway excavation and filling, installation of rock vanes, cross vanes and J-hooks, riprap, root wad and log spur placement and beginning at a point near the headwaters of Millers Run north of Spring Valley Road and proceeding east 3,435 feet (Columbia East, PA Quadrangle N:  11.5 inches; W:  1.0 inch) in East Hempfield Township, Lancaster County.

   E36-772: Department of Transportation, District 8-0, 2140 Herr Street, Harrisburg, PA 17103 in Warwick Township, Lancaster County, ACOE Baltimore District.

   To remove the existing culvert and then to construct and maintain a new 16-foot by 6-foot concrete box culvert at the channel of New Haven Run (WWF) on SR 1031, Section 003, Segment 0030, Offset 0475 (Creek Road) about 1/2 mile south of Millport Village (Lititz, PA Quadrangle N:  0.25 inch; W:  1.25 inches) in Warwick Township, Lancaster County.

   E36-774: South Avenue Development Company, LLC, 900 South Avenue, Staten Island, NY 10314 in East Lampeter Township, Lancaster County, ACOE Baltimore District. To construct and maintain a steel truss pedestrian bridge having a 7-foot by 166-foot long span and a minimum underclearance of 12 feet across Mill Creek (WWF) at a point adjacent to Witmer Road (Leola, PA Quadrangle N:  5.5 inches; W:  11.4 inches) in East Lampeter Township, Lancaster County.

   E07-377: Robert and Patricia Burke, 310 Cedar Street, Hollidaysburg, PA 16648 in Frankstown Township, Blair County, ACOE Baltimore District.

   To place fill in 0.03 acre of PEM wetlands for the purpose of constructing a single family residence on lot 4 of the Hunter's Woods development (Hollidaysburg, PA Quadrangle N:  12.7 inches; W:  1.5 inches) in Frankstown Township, Blair County. The amount of wetland impact is considered a de minimis impact of 0.03 acre and wetland mitigation is not required.

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

   E17-393. Robert J. Tepke, 3997 Farmington Court, Export, PA 15632. Private ford crossing Little Anderson Creek in Bloom and Brady Townships, Clearfield County, ACOE Baltimore District (Luthersburg, PA Quadrangle N:  4.9 inches; W:  7.7 inches).

   To construct, operate and maintain a private ford crossing Little Anderson Creek to provide access to private property. The ford crossing shall be constructed with five precast concrete cattle slat sections, R-4 rip rap and a graded roadway sloped to 5 feet horizontal to 1 foot vertical approaching the stream. Each cattle slat section shall have a minimum width of 8 feet; the minimum width of R-4 rip rap on either side of the cattle slats shall be 2 feet; and the sloped roadway on the stream banks shall be stabilized with a hard, durable ASSHTO 57 sized aggregate or larger. The cattle slats shall be installed so that the maximum elevation of the slats shall be equal or slightly lower than the upstream and downstream bed elevations for a smooth transitioning streambed. All construction work and repair work on the ford crossing shall be conducted at stream low flow. The project is approximately along the western right-of-way of SR 0219 approximately 500 feet south of Bloom Township Road T-360 and SR 0219 intersection. 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.

   E02-1367-A1. City of Pittsburgh, Department of Planning, 200 Ross Street, 4th Floor, Pittsburgh, PA 15219. Nine Mile Run channel restoration in the City of Pittsburgh, Allegheny County, Pittsburgh ACOE District (Pittsburgh East, PA Quadrangle N:  7.3 inches; W:  5.7 inches) (Latitude: 40° 25` 45"--Longitude: 79° 53` 45"). This amendment will authorize the construction and maintenance of an extension to the aquatic restoration of Nine Mile Run and one of its tributaries. For Nine Mile Run, an approximate additional 5,640 feet of stream channel will be restored and approximately 55 feet of a tributary to Nine Mile Run will be restored. The amendment will authorize the removal of additional structures and the stabilization and maintenance of various outfall structures. The amendment will also authorize the construction of three seepage collection walls, an inverted siphoner and the discharge conveyance line. This work is part of Phase 2 of the Nine Mile Run Aquatic Restoration Project. This phase of the project starts at Commercial Street and extends to Nine Mile Run confluence with the Monongahela River. The total project impacts including Phases 1B and 2 are 9,339 feet of Nine Mile Run and 2,211 feet to its tributaries and .28 acre of wetland impacts.

   E02-1438. Allegheny County Department of Public Works, 501 County Office Building, 542 Forbes Avenue, Pittsburgh, PA 15219. Glenn Mitchell Road stream enclosure in Aleppo Township, Allegheny County, Pittsburgh ACOE District (Ambridge, PA Quadrangle N:  6.4 inches; W:  5.6 inches) (Latitude: 40° 32` 0"--Longitude: 80° 9` 25"). To operate and maintain a 54-inch diameter culvert for a distance of approximately 208 feet with a 46-foot long riprap plunge pool energy dissipater within a tributary to the Ohio River (WWF) and to operate and maintain two outfall structures to the same stream. The project addressed a landslide, which had closed Glen Mitchell Road. The project is on the southeast side of Glenn Mitchell Road approximately 1,800 northeast of its intersection with Beaver Avenue. The project was constructed under an Emergency Permit EP0203205.

   E32-449. Lazor Brothers, Inc., 891 Centennial Drive, Indiana, PA 15701. Sterling Hills Development in White Township, Indiana County, Pittsburgh ACOE District (Ernest, PA Quadrangle N:  0.4 inch; W:  10.1 inches) (Latitude: 40° 37` 40"--Longitude: 79° 11` 53"). To construct and maintain: (1) two culvert crossings, each consisting of three, 54-inch corrugated metal pipes in an unnamed tributary to McCarthy Run (CWF), for the purpose of providing access to the Sterling Hills residential development; (2) a 30-inch diameter culvert in an nonjurisdictional dam across a tributary to the aforementioned watercourse--approximately 8,332 cubic yards of earthen materials will be excavated from the assumed floodway of this latter watercourse, to construct a reservoir behind the nonjurisdictional dam; (3) two 24-inch storm sewer utility line crossings of wetlands, one of which will involve the placement of some fill in the wetland; and (4) an 8-inch sanitary sewer line crossing of a wetland. In total, the activities will affect approximately 550 feet of watercourse and 0.41 acre of wetland. In addition, less than 0.01 acre of wetland will be temporarily impacted by the installation of erosion and sediment pollution controls. Issuance of this permit constitutes approval of the Environmental Assessment for a nonjurisdictional dam at the project site. The project site is off of Benjamin Franklin Road, Route 422.

   E56-324. Texas Eastern Transmission, L. P., 5400 Westheimer Court, Houston, TX 77056. Natural Gas Pipeline which crosses Allegheny and Brothersvalley Townships, Somerset County, Pittsburgh ACOE District. To remove the existing pipeline and to install and maintain a 36-inch natural gas pipeline which crosses 108 feet of watercourse including Millers Run (CWF), Stonycreek River (CWF), an unnamed tributary to Stonycreek River (CWF), an unnamed tributary to Reitz Creek (CWF), Raystown Branch Juniata River (CWF) and unnamed tributary to Raystown Branch Juniata River (CWF), Hillegas Run (HQ-CWF), unnamed tributaries to Hillegas Run (HQ-CWF) and several unnamed tributaries within the basins of these watercourses. In addition, the new pipeline will cross 20 feet of open water and 2,615 feet of wetland; thereby, temporarily impacting 3.9 acres of PEM, PSS or PFO wetlands. The project starts south of the Village of Cover Hill (Murdock, PA Quadrangle N:  11.25 inches; W:  0.3 inch--Latitude: 39° 56` 12"--Longitude: 79° 0` 5.4") and ends east of Mt. Zion (New Baltimore, PA Quadrangle: N:  10.55 inches; W:  2.9 inches--Latitude: 39° 55` 59"--Longitude: 78° 46` 16.32").

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

   E16-124, Callensburg-Licking Volunteer Fire Department, P. O. Box 147, Callensburg, PA 16213. CVFD ATF Fundraiser Trail in Licking, Perry and Toby Townships and Callensburg Borough, Clarion County, ACOE Pittsburgh District.

   To install, maintain and remove temporary bridges across the following streams for use by all terrain vehicles during organized fund raising events for the Callensburg-Licking Volunteer Fire Department:

   1.  Temporary bridge across Licking Creek (Downstream Crossing) approximately 2,000 feet upstream from the confluence with Cherry Run in Licking Township and Callensburg Borough (41°, 07`, 26.7" North Latitude; 79°, 33`, 41.5" West Longitude).

   2.  Temporary bridge across Licking Creek (Upstream Crossing) approximately 2.3 miles upstream of Craig Road in Licking Township (41°, 06`, 44" North Latitude; 79°, 31`, 18.4" West Longitude).

   3.  Bridge across a tributary to Licking Creek approximately 200 feet downstream of SR 58 and 1.3 miles east of Callensburg Borough. This crossing was previously authorized by DEP Permit No. GP071602602 on September 24, 2002.

   To operate and maintain an ATV trail within 50 feet of the top of bank of Licking Creek at various locations upstream (southeast) of Callensburg Borough.

ENVIRONMENTAL ASSESSMENTS

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

   D46-154EA Brian and Joan Gail, 1314 Mount Pleasant Road, Villaova, PA 19085, Lower Merion Township, Montgomery County, ACOE Philadelphia District.

   Project proposes to remove approximately 2.7 acres of accumulated silt and sediment from the reservoir impounded by the Mitchell Dam. The reservoir is supplied by Arrowmink Creek (WWF). The reservoir will be temporarily drawn down to complete the dredging. There will be no direct impacts to wetlands during the dredging. The reservoir is approximately 1,500 feet northwest of the intersection of Spring Mill Road and Mount Pleasant Road (Norristown, PA Quadrangle N:  10.30 inches; W:  8.45 inches).


SPECIAL NOTICES

BUREAU OF DEEP MINE SAFETY

Approval of Request for Variance

   The Department of Environmental Protection (Department), Bureau of Deep Mine Safety (Bureau), has approved Rosebud Mining Company's request for a variance from the requirements of section 290(d) of the Pennsylvania Bituminous Coal Mine Act at the Dutch Run Mine. This notification contains a summary of this request and the basis for the Department's approval. A complete copy of the variance request may be obtained from Allison Gaida, (724) 439-7469 or from the Bureau website at www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   Summary of the Request:  Rosebud Mining Company requests a variance to reduce the number of main entries in the 1 Southeast Section at the Dutch Run Mine.

   The basis for the Bureau's approval is summarized as follows:

   1.  Drill holes in advance of the 1 Southeast Mains and the committee's underground evaluation indicate the possibility of poor roof conditions.

   2.  Dutch Run Mine has utilized three entries over extensive areas without detrimental effects.

   3.  Other mines have successfully ventilated three entry systems for distances up to 12,000 feet. These mines have gate-road development that generally encounters methane liberations far in excess of those shown at the Dutch Run Mine.

   4.  Reducing the number of main entries from five to three reduces the amount of exposed roof by 43%. Reducing the depth of cut to 20 feet maximum ensures that the exposure to large areas of unsupported roof is reduced and reduces deterioration of the immediate roof.

   5.  A CO monitoring system will enhance escapability through the variance area by providing early warning.

   Continued authorization for operation under the approval is contingent upon compliance with the measures described in the plan and the following conditions.

   1.  The operator must mine approximately 8-12 inches of the immediate mine roof in the variance area; supplemental supports must be installed in every intersection; and entry widths must be reduced when poor roof conditions are encountered.

   2.  All three entries serve vital roles in ventilating the mine; therefore, should a roof fall occur within the variance area, no mining may be conducted until the fall material is removed and the area supported.

   3.  A CO sensor shall be placed in the primary intake escapeway at the beginning of the variance area. A second CO sensor shall advance with the 1 Southeast Mains section through the variance area. This second sensor shall also be along the primary intake escapeway inby the section power center. The second sensor must be permanently positioned along the primary intake escapeway at the end of the variance area. The CO system shall provide visual and audible alarms. The audible alarms shall be transmitted over the mine communication system.

   4.  The maximum cut depth is limited to 20 feet throughout the variance area, thus limiting the amount of exposed, unsupported roof and allowing permanent supports to be installed in a timely manner to minimize deterioration of the immediate roof.

   5.  All unused crosscuts through the variance area must have two cribs placed on both entrances in line with the entry rib. Additional supplemental support must be installed throughout the area as required.

   6.  Should the variance area require an extension greater than that shown in the plan, the district inspector and the mine foreman shall evaluate the feasibility of this extension.

[Pa.B. Doc. No. 04-295. Filed for public inspection February 20, 2004, 9:00 a.m.]



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