[35 Pa.B. 6547]
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COAL AND NONCOAL MINING ACTIVITY APPLICATIONS 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). Mining activity permits issued in response to applications will also address the applicable permitting requirements of the following statutes: the Air Pollution 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).
The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of an application is available for inspection at the district mining office indicated before an application. Where a 401 Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for certification.
Written comments, objections or requests for informal conferences on applications may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the district mining office indicated before an application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121--77.123 and 86.31--86.34.
Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. NPDES permits will contain, at a minimum, technology-based effluent limitations as identified in this notice for the respective coal and noncoal applications. In addition, more restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit, when necessary, for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies who have requested review of NPDES permit requirements for a particular mining activity within the previously mentioned public comment period will be provided with a 30-day period to review and submit comments on the requirements.
Written comments or objections should contain the name, address and telephone number of the person submitting comments or objections; the application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based. Requests for an informal conference must contain the name, address and telephone number of requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor wishes to have the conference conducted in the locality of the proposed mining activities.
Coal Applications Received
Effluent Limits
The following coal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 Alkalinity greater than acidity* * The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: (1) surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas, active areas disturbed by coal refuse disposal activities and mined areas backfilled and revegetated; and (2) drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.
Greensburg District Mining Office: Armbrust Building, R. R. 2, Box 603C, Greensburg, PA 15601-0982, (724) 925-5500.
03900112 and NPDES Permit No. PA0003191. Canterbury Coal Company (R. D. 1, Box 119, Avon- more, PA 15618). Renewal application for reclamation only of a bituminous surface mine, located in Kiskiminetas Township, Armstrong County, affecting 81.2 acres. Receiving stream: UNT to Long Run, classified for the following use: WWF. The first potable water supply intake within 10 miles downstream from the point of discharge: Avonmore Borough Water Authority. Renewal application received: November 9, 2005.
03030107. Amerikohl Mining, Inc., (202 Sunset Drive, Butler, PA 16001). Revision application for additional acreage to an existing bituminous surface mine, located in Boggs Township, Armstrong County, affecting 151.8 acres. Receiving streams: UNTs to North Fork of Pine Creek, classified for the following use: CWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Revision application received: November 14, 2005.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
43850105 and NPDES Permit No. PA0108758. Grove City Materials, LP (R. R. 6, Box 344, New Castle, PA 16101). Revision to a bituminous surface strip operation in Pine and Mercer Townships, Mercer and Butler Counties, affecting 103.0 acres. Receiving streams: UNTs to Swamp Run, classified for the following use: CWF. There are no potable surface water supply intakes within 10 miles downstream. Revision to include a change in permit acreage from 96 acres to 103 acres. Application received: November 9, 2005.
10040103 and NPDES Permit No. PA0242535. Annandale Quarries, Inc. (219 Goff Station Road, Boyers, PA 16020). Revision to an existing bituminous surface strip operation in Venango Township, Butler County affecting 23.3 acres. Receiving streams: UNT to Seaton Creek, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Revision to add the use of coal ash for liming material. Application received: November 15, 2005.
Moshannon District Mining Office: 186 Enterprise Drive, Phillipsburg, PA 16866, 814-342-8200.
17840126 and NPDES Permit No. PA0609781. TDK Coal Sales, Inc., (P. O. Box 259, Brockway, PA 15824). Renewal application for continued operation of a bituminous surface mine, located in Jordon Township, Clearfield County, affecting 341.7 acres. Receiving streams: tributary to Comfort Run and Comfort Run to North Witmer Run to Clearfield Creek to West Branch of Susquehanna River. Renewal application received: November 14, 2005.
Noncoal Applications Received
Effluent Limits
The following noncoal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-day Daily Instantaneous Parameter Average Maximum Maximum suspended solids 35 mg/l 70 mg/l 90 mg/l Alkalinity exceeding acidity1 pH1 greater than 6.0; less than 9.0 1 The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 154931, (814) 472-1900.
11052801. AMFIRE Mining Company, LLC, One Energy Place, Latrobe, PA 15650, commencement, operation and restoration of a small noncoal (industrial minerals) operation in Portage Township, Cambria County, affecting 2.0 acres. Receiving streams: UNT to Spring Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received April 8, 2005. Permit issued November 16, 2005.
Moshannon District Mining Office: 186 Enterprise Drive, Phillipsburg, PA 16866, (814) 342-8200.
08050813. Heeman Quarries, Inc. (R. R. 2, Box 227H, Wyalusing, PA 18853). Commencement, operation and restoration of a small noncoal industrial minerals (Flagstone/Bluestone) permit in Tuscarora Township, Bradford County affecting 5.0 acres. Receiving streams: UNT, Fargo Creek and Tuscarora Creek. Permit issued: October 19, 2005.
08050814. D. Terry and Tracy Kenney (P. O. Box 85, Wyalusing, PA 18853). Commencement, operation and restoration of a small industrial minerals (Flagstone) permit in Wilmot Township, Bradford County affecting 3.0 acres. Receiving streams: UNT to Susquehanna River. Application received: September 30, 2005.
08050815. Larry A. Lee (R. R. 2, Box 2642, Nicholson, PA 18846). Commencement, operation and restoration of a small industrial minerals (topsoil, subsoil, sand, sandstone, shale, bluestone) permit in Tuscarora Township, Bradford County affecting 5 acres. Receiving streams: UNT and West Branch Susquehanna River. Application received: November 1, 2005.
57050801. Edward V. Minnier, III (1842 Masten Road, Canton, PA 17724). Commencement, operation and restoration of a small industrial mineral (shale) permit in Fox Township, Sullivan County affecting 3 3/4 acres. Receiving stream: Weed Creek. Application received: October 27, 2005
FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the State to certify that the involved projects will not violate the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the regional office noted before the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.
The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on each working day at the regional office noted before the application.
Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications received under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and requests for certification under section 401(a) of the FWPCA (33 U.S.C.A. § 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.
E46-986. Souderton Area School District, 760 Lower Road, Souderton, PA 18964-2311, Franconia Township, Montgomery County, ACOE Philadelphia District.
To perform the following water obstruction and encroachment activities associated with the New Souderton Area High School in Franconia Township, Montgomery County.
1. To place fill in 0.09 acre of wetlands (PEM) to accommodate the proposed Multi-Purpose Athletic Field No. 6 and appurtenant facilities.
2. To install and maintain three utility line stream crossings for a temporary 4-inch PVC sewer force main to be directly attached to existing bridges. The first across a UNT to the Skippack Creek (TSF) along the eastern side of Lower Road, approximately 550 feet south of the intersection of Allentown Road. The second and third on the south side of two consecutive bridges that cross the main branch of Skippack Creek (TSF) along Cowpath Road near the intersection with Godshall Road. The site is located between Halteman, Moyer and Lower Roads (Telford USGS Quadrangle Latitude: 40° 17` 45"; Longitude: 75° 21` 00").
E46-983. Marlborough Township, 5518 McLean Station Rd., Green Lane, PA, 18054, Marlborough Township, Montgomery County, ACOE Philadelphia District.
Jeff Gray Driveway Crossing Project
To construct and maintain a 12-foot wide, 24-foot span by 3.5-foot high open-bottom box bridge and appurtenances, as a driveway access from McLean Station Road to an existing single family dwelling which will cross a UNT of Macoby Run (TSF).
The project includes temporary cofferdams and conduits to facilitate bridge construction and will impact approximately 50 linear feet of stream. The site is located approximately 345 feet southwest of the intersection of McLean Station Road and Geryville Pike in Marlborough Township, Montgomery County (Perkiomenville PA, Quadrangle N: 20.98 inches; W: 11.72 inches).
E46-985. Township of Lower Merion, 75 E. Lancaster Avenue, Ardmore, PA 19003-2376, Lower Merion Township, Montgomery County, ACOE Philadelphia District.
To rehabilitate approximately 1,600 linear feet of Mill Creek (TSF). Work will include, grading, bank-toe armoring, bank revegetation and rock cross vane construction. The site is located in Mill Creek Park, near the intersection of Mill Creek Road and Old Gulf road. (Norristown, PA Quadrangle N: 4.1 inches; W: 4.0 inches).
Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E48-366. Portland Industrial Park, LLP, 102 Demi Road, Portland, PA 18351 in Upper Mount Bethel Township and Portland Borough, Northampton County, United States Army Corps of Engineers, Philadelphia District.
To place fill in approximately 0.21 acre of PFO wetlands and to construct and maintain the following water obstructions and encroachments in a tributary to the Delaware River: (1) an approximate 380 LF channel change for the purpose of constructing an access road to serve a proposed retail building; and (2) four utility line stream crossings. This work is associated with the Portland Industrial Park development located south of the intersection of River Road and SR 0611 (Portland, PA-NJ Quadrangle N: 7.5 inches; W: 13.2 inches).
E45-480. Pocono Heights Property Owners Club, P. O. Box 520, Marshalls Creek, PA 18335 in Middle Smithfield Township, Monroe County, United States Army Corps of Engineers, Philadelphia District.
To construct and maintain a bridge having a single span of approximately 34 feet and an underclearance of approximately 8 feet across Marshalls Creek (HQ-CWF). The bridge will serve as an emergency access for Pocono Heights residential community. The project is located on the west side of SR 1007 (Marshalls Creek Road ) approximately 0.7 mile north of Wooddale Road (East Stroudsburg, PA Quadrangle N: 12.5 inches; W: 2.0 inches)
E64-258. John E. Marshall, 348 Bethel School Road, Honesdale, PA 18431, in Texas Township, Wayne County, United States Army Corps of Engineers, Philadelphia District.
To place fill in a de minimus area of wetlands equal to 0.03 acre, within the drainage basin of the Lackawaxen River (HQ-PSS, MF), for the purpose of providing a suitable building lot for a commercial business. The project is located on the west side of SR 0006, just south of the Honesdale Borough/Texas Township boundary. (White Mills, PA Quadrangle N: 10.2 inches; W: 15.9 inches).
E35-392. Music Lakes Club, 15 Moosic Lake, Lake Ariel, PA 18436, in Jefferson Township, Lackawanna County, United States Army Corps of Engineers, Baltimore District.
To construct and maintain a dry hydrant in Moosic Lake's Big Lake. The project is located along East Shore Drive near the Big Lake Community Center. (Olyphant, PA Quadrangle N: 10.5 inches; W: 2.5 inches).
E35-388 (formerly E35-342). First Industrial Acquisitions, Inc., 200 Philips Road, Exton, PA 19341, in Covington and Clifton Townships, Lackawanna County, United States Army Corps of Engineers, Philadelphia District.
To place fill in 0.09 acre of wetlands within the Meadow Brook Watershed (HQ-CWF) and to place fill in 0.46 acre of wetlands within the Tamarack Creek Watershed (HQ-CWF) for the purpose of constructing and developing the Covington Industrial Park. This permit is a reissuance of Permit No. E35-388 which expired on December 31, 2004. The project is located along the east side of SR 0435, between SR 2013 and SR 0307 (Sterling, PA Quadrangle N: 3.2 inches; W: 17 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E67-786: Greenspan Partners, LP, 150 Farm Lane, York, PA 17402 in Conewago Township, York County, ACOE Baltimore District
To construct and maintain a 48-inch by 116-foot stream/ wetland crossing, fill 0.36 acre of palustrine emergent wetlands and install a 12-inch water line all associated with a UNT to the Little Conewago Creek (TSF) (Dover, PA Quadrangle N: 12.6 inches; W: 3.1 inches) in Conewago Township, York County. The project will permanently impact 0.41 acre of palustrine emergent wetlands.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E17-413. Department of Transportation, Engineering District 2-0, P. O. Box 342, 1924-30 Daisy Street, PA 16830. SR 0879, Section A01 Lick Run Bridge Project, Goshen Township, Clearfield County, ACOE Baltimore District (Clearfield, PA Quadrangle N: 9.1 inches; W: 1.5 inches).
To construct, operate and maintain a five span prestressed concrete I-beam bridge across and it piers within the 100-year floodplain of Lick Run (HQ-CWF for improved highway safety with the relocation of SR 0879. The five span bridge shall be constructed with each span measuring 122 feet for a length of 640 feet, a minimum underclearance of 75 feet at Lick Run and skew of 90°. The project will not permanently impact wetlands or stream channels while temporarily impacting 20 feet of Lick Run located along the northern right-of-way of I-80 approximately 1.4-miles north of SR 0879 and I-80 intersection. This permit also authorizes temporary construction road crossings, cofferdams and causeways necessary to construction of the five span bridge. Temporary structures shall be constructed of clean stone free of fines. Upon completion of the project, all temporary construction shall be removed with all disturbed areas being fully restored to original contours, elevations and vegetative cover.
E60-177. John D. Griffith, 2065 Green Ridge Road, Mifflinburg, PA 17844. Project is to convey stormwater from the Meadow Green Subdivision across a neighboring property in West Buffalo Township, Union County, ACOE Baltimore District (Mifflinburg, PA Quadrangle N: 9.7 inches; W: 4.7 inches).
The applicant proposes to build and maintain an enclosed stormwater conveyance across a neighboring property to correct a concentrated stormwater discharge to an actively cropped hayfield. Proposed impacts include temporary disturbance of 0.07 acre of farmed wetlands. The disturbance is a linear crossing 714 feet long by 4 feet wide. These wetlands are classified as ''other wetlands'' by the Department of Environmental Protection and are located on a farm owned by the Spangler Trust. Clay trench plugs will be installed to protect the hydrology of the wetlands. This is an after-the-fact application to authorize maintenance of a structure installed to correct a violation.
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1516. Allegheny County Public Works Department, 501 County Office Building, 542 Forbes Avenue, Pittsburgh, PA 15219. To construct a bridge over Little Deer Creek in West Deer Township, Allegheny County, Pittsburgh ACOE District. (New Kensington West, PA Quadrangle N: 21.5 inches; W: 11.7 inches and Latitude: 40° 37` 16.5"--Longitude: 79° 50` 2.5"). The applicant proposes to remove the existing structure; to construct and maintain a 36 foot by 7.5 foot conspan arch bridge; to reconstruct approximately 220 feet of the channel on the upstream side of the new bridge; to reconstruct approximately 180 feet of the channel on the downstream side of the new bridge and to construct and maintain various outfalls to Little Deer Creek (TSF). The bridge (Little Deer Creek Bridge No. 6) located on McKrell Road near its intersection with Little Deer Creek. The total proposed project impacts will be 460 feet of Little Deer Creek.
E02-1518. Pittsburgh Water and Sewer Authority, 441 Smithfield Street, Pittsburgh, PA 15222-2219. To construct an outfall in the City of Pittsburgh, Allegheny County, Pittsburgh ACOE District. (Pittsburgh West, PA Quadrangle N: 12.5 inches; W: 0.7 inch and Latitude: 40° 26` 38"--Longitude: 80° 01` 18"). The applicant proposes to construct and maintain a 60-inch diameter outfall structure on the left bank of the Allegheny River (WWF) for the purpose of developing separate sanitary and storm sewer systems. The project is located approximately 2,500.0 feet upstream from its mouth, at the Tenth Street Bypass and I-279 ramp.
E04-314. Ellwood Investors, LLC, 107 Crystal Springs, PA 16066-3929. To fill wetlands in Franklin Township, Beaver County, Pittsburgh ACOE District. (Beaver Falls, PA Quadrangle N: 18.01 inches; W: 0.92 inch and Latitude: 40° 50` 57"--Longitude: 80° 15` 24"). The applicant proposes to place and maintain fill in 0.19 acre of wetlands (PEM) as part of a proposed residential patio home development with 18 buildings of four dwelling units each a multiuse clubhouse. The project is located on the east side of Mercer Road approximately 3,000 feet north of its intersection with Route 288.
E65-886. Department of Transportation, Engineering District 12-0, P. O. Box 459, Uniontown, PA 15401. To construct a culvert in Unity Township, Westmoreland County, Pittsburgh ACOE District. (Latrobe, PA Quadrangle N: 6.4 inches; W: 1.6 inches and Latitude: 40° 16` 53"--Longitude: 79° 23` 25"). The applicant proposes to construct and maintain a 32 LF extension to and existing 152 LF long, 14.0 ft. span, 8.96 ft. vertical clearance arch culvert in Monastery Run (WWF); and fill and maintain a total of 0.44 acre of PEM, PSS and PFO wetlands. Construction and maintenance of a total of 0.6 acre of PEM and PFO replacement wetlands will be part of the permit associated with the adjoining SR 1045 (St. Vincent Drive) relocation project. The applicant also proposes to construct temporary road crossings, construct and maintain stormwater outfalls, construct and maintain a 48 LF extension to a 146 LF, 24-inch diameter culvert and fill and maintain 323 LF of stream channel on UNTs to Monastery Run with drainage areas of less than 100 acres. This project is associated with the widening and improvements to a section of SR 30 located north and adjacent to the Latrobe Airport and extending from approximately 0.25 mile east of the intersection with Route 981 (Latrobe, PA Quadrangle N: 6.4 inches; W: 1.6 inches and Latitude: 40° 17` 00"--Longitude: 79° 24` 25"). Total proposed impacts are approximately 459 feet of stream channel and 0.44 acre of wetland.
ENVIRONMENTAL ASSESSMENTS Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
EA26-007. Fayette County Conservation District, 10 Nickman Plaza, Lemont Furnace, PA 15456. To construct a passive, acid mine drainage treatment system in Dunbar Township, Fayette County, Pittsburgh ACOE District (South Connellsville, PA Quadrangle N: 6.6 inches; W: 6.3 inches and Latitude: 39° 54` 41"--Longitude: 79° 32` 42"). The applicant proposes to construct and maintain a passive, acid mine drainage treatment system to treat the six mine drainage discharges emanating from the Hughes property. The project will affect a reported 0.90 acre of wetland from the construction of the two-system design, which includes wetland treatment site, detention settling ponds, vertical flow pond system and riprap infiltration gallery that discharges to Morgan run (HQ-CWF). The project is located approximately 2 miles from the intersection of Ohiopyle Road and T-529.
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