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PA Bulletin, Doc. No. 08-583d

[38 Pa.B. 1493]
[Saturday, March 29, 2008]

[Continued from previous Web Page]

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes: the Air Quality Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).

   Coal Permits Actions

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

   Permit Number: 30831303 and NPDES Permit No. PA0013511, Cumberland Coal Resources, LP, (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to revise the permit for the Cumberland Mine in Whiteley Township, Greene County to install 11 ventilation boreholes. Surface Acres Proposed 2.39. No additional discharges. Application received April 16, 2007. Permit issued March 10, 2008.

   Permit Number: 32851601 and NPDES Permit No. PA0095966, P & N Company, (P. O. Box 332, Punxsutawney, PA 15767), to renew the permit for the Hillman Tipple in Banks Township, Indiana County and related NPDES permit. No additional discharges. Application received May 16, 2007. Permit issued March 12, 2008.

   Permit Number: 56061301 and NPDES Permit No. PA0235709 and GP12-56061301-R1, RoxCOAL, Inc., (P. O. Box 149, Friedens, PA 15541), to operate the Kimberly Run Mine in Somerset Township, Somerset County a new underground mine and related NPDES permit. In addition, approval is authorized under General Permit BAQ-GAP/GP12 to screen, store and ship coal and is required to meet all applicable limitations, terms and conditions of authorization GP12-56061301-R1. Surface Acres Proposed 66.7, Underground Acres Proposed 2638.0, Subsidence Control Plan Acres Proposed 842.7. Receiving stream: Kimberly Run, classified for the following use: CWF. Application received December 22, 2006. Permit issued March 13, 2008.

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

   56070102 and NPDES No. PA0262307. Godin Brothers, Inc., 128 Colton Drive, Stoystown, PA 15563, commencement, operation and restoration of a bituminous surface mine in Lincoln Township, Somerset County, affecting 24.8 acres. Receiving stream: Quemahoning Creek classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Greater Johnstown Water Authority. This permit application includes a stream variance on Quemahoning Creek. The variance is for pond construction within 100` of Quemahoning Creek. Application received February 8, 2007. Permit issued March 10, 2008.

   56060104 and NPDES No. PA0249963. Fieg Brothers, 3070 Stoystown Road, Stoystown, PA 15563-8184, commencement, operation and restoration of a bituminous surface mine in Shade Township, Somerset County, affecting 107.2 acres. Receiving streams: Hinson Run; UNT's to Hinson Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Cambria-Somerset Authority, Border Dam Intake, on Stonycreek River. The application includes a stream encroachment to construct a haul road within the barrier area of/and across Hinson Run, approximately 1,500` upstream of its junction with Doe Valley Drive. The purpose of the haul road is to provide access to the proposed mine site. Application received March 29, 2006. Permit issued March 11, 2008.

   Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, (724) 925-5500.

   26810123 and NPDES Permit No. PA0079740. Shenango, Inc. (200 Neville Road, Pittsburgh, PA 15225). NPDES renewal issued for continued treatment of a mine drainage discharge at a bituminous surface mining site located in Luzerne Township, Fayette County, affecting 793 acres. Receiving stream: UNT to Monongahela River. Application received February 22, 2007. Renewal issued March 10, 2008.

   26713049 and NPDES Permit No. PA0119172. Shenango, Inc. (200 Neville Road, Pittsburgh, PA 15225). NPDES renewal issued for continued treatment of a mine drainage discharge at an existing bituminous surface mining site located in Luzerne Township, Fayette County, affecting 359.6 acres. Receiving streams: Minnow Run to the Monongahela River. Application received February 22, 2007. Renewal issued March 10, 2008.

   3371BSM42 and NPDES Permit No. PA0251071. Shenango, Inc. (200 Neville Road, Pittsburgh, PA 15225). NPDES renewal issued for continued treatment of a mine drainage discharge at an existing bituminous surface mining site located in Luzerne Township, Fayette County, affecting 1,216.7 acres. Receiving stream: UNT to the Monongahela River. Application received February 22, 2007. Renewal issued March 10, 2008.

   3373SM10 and NPDES Permit No. PA0251062. Shenango, Inc. (200 Neville Road, Pittsburgh, PA 15225). NPDES renewal issued for continued treatment of a mine drainage discharge at an existing bituminous surface mining site located in Luzerne Township, Fayette County, affecting 99.2 acres. Receiving stream: UNT to the Monongahela River. Application received February 22, 2007. Renewal issued March 10, 2008.

   02070103 and NPDES Permit No. PA0251194. Collier Development Co., Inc. (Box 334, Presto, PA 15142). Permit issued for commencement, operation and reclamation of a bituminous surface mining site located in Collier Township, Allegheny County, affecting 9.0 acres. Receiving stream: UNT ''A'' to Chartiers Creek. Application received November 13, 2007. Permit issued March 12, 2008.

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

   17010114 and NPDES No. PA0243175. Forcey Coal, Inc. (P. O. Box 225, 475 Banian Road, Madera, PA 16661), permit renewal for reclamation only of a bituminous surface mine in Penn Township, Clearfield County, affecting 128.0 acres. Receiving streams: UNT to Bell Run No. 1 to Bell Run. There are no potable water supply intakes within 10 miles downstream. Application received January 28, 2008. Permit issued March 4, 2008.

   Noncoal Permits Actions

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

   Permit No. 44070801. Adam K. Russler, 1057 River Road, McVeytown, PA 17051, commencement, operation and restoration of a small noncoal (industrial minerals) operation in Bratton Township, Mifflin County, affecting 5 acres, receiving streams: UNT to Juniata River. Application received October 18, 2007. Permit issued March 11, 2008.

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

   16970307. Glenn O. Hawbaker, Inc. (1952 Waddle Road, State College, PA 16803). Renewal of NPDES Permit No. PA0227609, Beaver, Richland and Licking Townships, Clarion County. Receiving stream: UNT to Turkey Run. Application received January 22, 2008. Permit issued March 11, 2008.

   25900304. Wroblewski Sand & Gravel, Inc. (12907 Half Moon Road, Wattsburg, PA 16442). Transfer of an existing sand and gravel operation from Hoover Sand & Gravel Co., Inc. in Venango Township, Erie County affecting 49.3 acres. Receiving stream: West Branch of French Creek. Application received September 25, 2007. Permit issued March 7, 2008.

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

   45880301C and NPDES Permit No. PA0594113. Tarheel Quarry, Inc., (2000 Highway 35, Morgan, NJ 08873), correction to add a new processing plant, stream crossing and mining area to an existing quarry operation in Tobyhanna Township, Monroe County affecting 406.0 acres, receiving stream: UNT to Lehigh River. Application received August 13, 2007. Correction issued March 13, 2008.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151--161); and 25 Pa. Code § 211.124 (relating to blasting activity permits). 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.

   Blasting Permits Actions

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

   21084111. Warrens Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344-0902, blasting activity permit issued for residential development in Silver Spring Township, Cumberland County. Blasting activity permit end date is February 1, 2009. Permit issued March 3, 2008.

   28084105. David H. Martin Excavating, Inc., 4961 Cumberland Highway, Chambersburg, PA 17201-9655, blasting activity permit issued for commercial development in Greene Township, Franklin County. Blasting activity permit end date is March 3, 2009. Permit issued March 3, 2008.

   28084106. R & M Excavating, 403 Hilltop Road, Newburg, PA 17240-9202, blasting activity permit issued for residential development in Waynesboro Borough, Franklin County. Blasting activity permit end date is February 20, 2009. Permit issued March 6, 2008.

   21084112. Dyno Nobel, Inc., 1320 Galiffa Drive, Donora, PA 15033, blasting activity permit issued for residential development in Silver Spring Township, Cumberland County. Blasting activity permit end date is March 30, 2009. Permit issued March 6, 2008.

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

   45084106. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for the Mt. Hollow Development in Stroud Township, Monroe County with an expiration date of March 9, 2009. Permit issued March 11, 2008.

   48084104. Austin Powder Company, (25800 Science Park Drive, Cleveland, OH 44122), construction blasting for commercial development in Glendon Borough, Northampton County with an expiration date of March 10, 2009. Permit issued March 11, 2008.

   06084108. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Brookfield Manor in Sinking Spring Borough, Berks County with an expiration date of March 1, 2009. Permit issued March 13, 2008.

   06084109. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543), construction blasting for Phoebe Berks Village in Lower Heidelberg Township, Berks County with an expiration date of December 30, 2008. Permit issued March 13, 2008.

   15084105. Austin Powder Company, (25800 Science Park Drive, Cleveland, OH 44122), construction blasting for Uptown Worthington Project in East Whiteland Township, Chester County with an expiration date of January 25, 2009. Permit issued March 13, 2008.

   22084103. Dyno-Nobel, Inc., (567 Main Street, Tremont, PA 17981), construction blasting for Hummelstown Cemetery in Hummelstown Borough, Dauphin County with an expiration date of March 30, 2009. Permit issued March 13, 2008.

   23084101. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Riddle Hospital in Middletown Township, Delaware County with an expiration date of March 6, 2009. Permit issued March 13, 2008.

   38084104. J. Roy's, Inc., (Box 125, Bowmansville, PA 17507), construction blasting for South Annville Sewer Extension in North Cornwall and South Annville Townships, Lebanon County with an expiration date of March 10, 2009. Permit issued March 13, 2008.

   45084107. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for Pickarski Mt. Hollow Project in Stroud Township, Monroe County with an expiration date of March 9, 2009. Permit issued March 13, 2008.

   46084106. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Upland Square in West Pottsgrove Township, Montgomery County with an expiration date of March 8, 2009. Permit issued March 13, 2008.

   67084108. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Friendship Estates in Warrington Township, York County with an expiration date of March 1, 2009. Permit issued March 13, 2008.

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

   The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).

   Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

   For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

   Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).

   Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

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

   E46-1020. Lansdale Borough, 1 Vine Street, Lansdale, PA 19446, Lansdale Borough, Montgomery County, ACOE Philadelphia District.

   To perform the following water obstruction and encroachment activities associated with the proposed construction of the Wissahickon Creek Infiltration Basin and Riparian Corridor Project within and along the Wissahickon Creek (TSF):

   1.  To modify, construct and maintain a 6-foot wide pedestrian trail within the floodplain. The trail will consist of two types of paving: macadam and boardwalk. Boardwalk will be situated in more environmentally sensitive areas to minimize impacts. An observation deck will also be constructed at two locations along the trail.

   2.  To construct and maintain a 7-foot wide by 40-foot long pedestrian bridge across the Wissahickon Creek.

   3.  To construct and maintain two pedestrian bridges along the pedestrian trail and within the floodway.

   4.  To construct and maintain two riprap-lined open channel swales and outfalls located along the Wissahickon Creek. Total length of swales will be approximately 265 linear feet.

   The project will directly effect approximately 1,250 feet of the Wissahickon Creek floodway on both the easterly and westerly banks. The site is located along Norway Drive between Lakeview and Sycamore Drives (Lansdale, PA, Quadrangle N:  19.8 inches; W:  2.2 inches) in the Borough of Lansdale, Montgomery County.

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

   Northeast Regional Office, Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   E58-274. Jens C. Sorensen, R. R. 1, Box 1151, Nicholson, PA 18446. Lenox Township, Susquehanna County, United States Army Corps of Engineers Baltimore District.

   To expand an existing pond from 0.71 acre to approximately 5 acres for the purpose of stabilizing hydrology and improving water quality within a disturbed wetland complex. The permittee is required to provide 0.58 acre of replacement wetlands. The project will impact 0.58 acre of PFO wetlands and approximately 300 feet of a tributary to Tunkhannock Creek (CWF) and is located on the south side of Township Road T463, approximately 0.6 mile west of SR 2016 (Lenoxville, PA Quadrangle N:  8.0 inches; W:  10.0 inches). (Subbasin: 4F)

   E39-479. Eastern Environmental Development, Inc., 7785 Spring Creek Road, Macungie, PA 18062. Abandon Quarry Fill Placement Project in Little Lehigh Creek Watershed, Lower Macungie Township, Lehigh County, ACOE Philadelphia District (Allentown West, PA Quadrangle Latitude: 40° 31` 23.4"; Longitude: 75° 36` 06.1").

   The permittee shall place and maintain fill in a 1.34-acre open water abandon quarry pit. All fill being placed within the abandoned quarry shall be deemed clean fill. The permittee and their agents shall perform the necessary due diligence to ensure all fill being placed has been determined clean. The project is located along the northwest right-of-way of Quarry Road approximately 0.7-mile southwest of SR 1011 and Quarry Road intersection. The Department of Environmental Protection has deemed the placement of fill in the 1-34-acre abandon quarry pit as the elimination of a threat to life and safety; as such no additional mitigation shall be required.

   E39-481. Macungie Borough. Borough of Macungie Pedestrian Bridge Project across a UNT to Swabia Creek, Macungie Borough, Lehigh County, ACOE Philadelphia District (Allentown West, PA Quadrangle Latitude: 40° 31` 2"; Longitude: 75° 33` 11").

   This permit authorizes the permittee to construct, operate and maintain a public pedestrian bridge across a UNT to Swabia Creek for improved public pedestrian safety along Lehigh Street. The public pedestrian bridge shall be constructed with a minimum span of 45-feet, width of 4-feet and underclearance of 7-feet. The project is located along the southern right-of-way of SR 2018 (Lehigh Street) approximately 0.4-mile west of SR 2017 (Brookside Road) and SR 2018 intersection.

   Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.

   E01-273: Franklin Township, Craig Hartley, 55 Scott School Road, Orrtanna, PA 17353, Franklin Township, Adams County, ACOE Baltimore District

   To conduct various activities as follows:

   1.  To permanently impact 0.27 acre of a wetland to construct a wastewater treatment plant within the 100-year floodplain of, and to construct and maintain a 10-inch diameter sewer line in a UNT to Marsh Creek (CWF) (Fairfield Quadrangle N:  20.62 inches; W:  9.50 inches, Latitude: 39° 51` 51"; Longitude: 77° 19` 03").

   2.  To construct and maintain an 8-inch diameter sewer line in a UNT to Marsh Creek (CWF) (Fairfield Quadrangle N:  20.93 inches; W:  9.50 inches, Latitude: 39° 51` 56"; Longitude: 77° 19` 01").

   3.  To construct and maintain a 10-inch diameter outfall pipe along a UNT to Marsh Creek (CWF) (Fairfield Quadrangle N:  20.50 inches; W:  9.50 inches, Latitude: 39° 51` 48"; Longitude: 77° 19` 02").

   4.  To construct and maintain a 10-inch diameter sewer line in a UNT to Marsh Creek (CWF) (Fairfield Quadrangle N:  20.75 inches; W:  9.75 inches, Latitude: 39° 51` 53"; Longitude: 77° 19` 09").

   5.  To construct and maintain an 8-inch diameter sewer line in a UNT to Marsh Creek (CWF) (Fairfield Quadrangle N:  21.25 inches; W:  9.87 inches, Latitude: 39° 52` 03"; Longitude: 77° 19` 11").

   6.  To construct and maintain a 10-inch diameter sewer line in a UNT to Marsh Creek (CWF) (Fairfield Quadrangle N:  21.50 inches; W:  10.75 inches, Latitude: 39° 52` 07"; Longitude: 77° 19` 34").

   7.  To construct and maintain a 10-inch diameter sewer line in a UNT to Marsh Creek (CWF) (Arendtsville Quadrangle N:  0.06 inch; W:  12.37 inches, Latitude: 39° 52` 31"; Longitude: 77° 20` 15").

   8.  To construct and maintain a 10-inch diameter sewer line in a UNT to Marsh Creek (CWF) (Arendtsville Quadrangle N:  0.25 inch; W:  12.50 inches, Latitude: 39° 55` 35"; Longitude: 77° 20` 19").

   9.  To construct and maintain an 8-inch diameter sewer line within the 100-year floodplain of and in Muskrat Run (CWF) (Arendtsville Quadrangle N:  1.37 inch, W:  15.12 inch, Latitude: 39° 52` 57"; Longitude: 77° 21` 26").

   10.  To construct and maintain an 8-inch diameter sewer line in a UNT to Muskrat Run (CWF) (Arendtsville Quadrangle N:  1.18 inches; W:  15.31 inches, Latitude: 39° 52` 53"; Longitude: 77° 21` 31").

   11.  To construct and maintain an 8-inch diameter sewer line in a UNT to Muskrat Run (CWF) (Arendtsville Quadrangle N:  1.06 inches; W:  15.31 inches, Latitude: 39° 52` 52"; Longitude: 77° 21` 31").

   12.  To construct and maintain an 8-inch diameter sewer line within the 100-year floodplain of and in a UNT to Muskrat Run (CWF) (Arendtsville Quadrangle N:  2.12 inches; W:  13.37 inches, Latitude: 39° 53` 13"; Longitude: 77° 20` 41").

   All for the construction of a new wastewater treatment plant and its associated sewer lines in Franklin Township, Adams County.

   E36-835: Marialice Hollinger, 50 College Avenue, P. O. Box 347, Elizabethtown, PA 17022-0347, Elizabethtown Borough, Lancaster County, ACOE Baltimore District.

   To construct and maintain a: (1) 15-inch SLCPP pipe outfall and associated rip-rap protection; and (2) terraces and landscaping along and within the floodway of a UNT to Conoy Creek (TSF) (Elizabethtown, PA Quadrangle N:  4.1 inches; W:  14.2 inches, Latitude: 40° 08` 49.48"; Longitude: 76° 36` 5.85") to enhance the aesthetics of the property and improve maintenance of the corridor at a point just west of the intersection of College Avenue and South Hanover Street, off of College Avenue, in Elizabethtown Borough, Lancaster County.

   E06-629: The Herman Development Company, John M. Herman, 3701 Perkiomen Avenue, Reading, PA 19606, Bethel Township, Berks County, ACOE Philadelphia Region.

   To construct a 1,000,000.0-square-foot warehouse facility impacting 0.223 acre of PEM wetlands and 0.43 acre of PEM/PSS wetlands. To compensate for wetland impacts, the applicant proposes to construct and maintain 0.66 acre of replacement wetlands onsite. The project is located on the South Side of I-78, between exits 15 (Grimes) and 16 (Midway) (Bethel, PA Quadrangles N:  19.52 inches; W:  0.15 inch, Latitude: 40° 28` 57"; Longitude: 76° 15` 04") in Bethel Township, Berks County.

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

   E02-584-A2. Hanson Aggregates PMA, Inc., 2200 Springfield Pike, Connellsville, PA 15425, in Harrison Township, Allegheny County; and Allegheny Township, Westmoreland County, Pittsburgh ACOE District (Freeport, PA Quadrangle N:  7.0 inches; W:  9.8 inches). To amend Permit E02-584, which authorizes commercial sand and gravel dredging in select areas of the Allegheny River (WWF) and Ohio River (WWF), subject to review of fish surveys, mussel surveys and prescribed setbacks in Allegheny, Armstrong, Beaver and Westmoreland Counties, to include Allegheny River Mile Points 27.8 to 28.5 right and left descending bank in Harrison Township, Allegheny County; and Allegheny Township, Westmoreland County, with the following restrictions:

   1.  On the left descending bank, between mile points 28.0 to 28.5 (near side to River Forest Drive Residents):

   a.  Dredging is prohibited on Saturdays, Sundays and Federal Holidays but emergency maintenance is allowed.

   b.  Dredging is prohibited between Memorial Day and Labor Day.

   c.  During the times that dredging is authorized, actual dredging hours are restricted to 7 a.m. to 7 p.m. on Monday through Friday.

   d.  During the times that dredging is authorized, maintenance and daily start-up and shut-down activities are permitted from 6 a.m. to 8 p.m. on Monday through Friday.

   e.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

   2.  On the right descending bank, between mile points 28.0 and 28.5 and between mile points 26.8 and 27.2 (far side from River Forest Residents):

   a.  Dredging is prohibited on Saturdays, Sundays and Federal Holidays.

   b.  Seasonal restrictions are not applicable.

   c.  During the times that dredging is authorized, actual dredging hours are restricted to 7 a.m. to 9 p.m. on Monday through Friday.

   d.  During the times that dredging is authorized, maintenance and daily start-up and shut-down activities are permitted from 6 a.m. to 10 p.m. on Monday through Friday.

   e.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

   3.  On the right and left descending banks, between mile points 27.8 and 28.0 (Cove Area):

   a.  Seasonal, day and time restrictions are not applicable.

   b.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

January 31, 2008
Hanson Aggregates PMA, Inc.
Hoist Boat Operations
while Dredging Adjacent to the Residents
of the River Forest Community

Best Practices to Minimize Noise Levels

   The following are Best Practices to minimize noise levels from Hoist Boat Operations while dredging adjacent to the residents of the River Forest community (Allegheny Township, Westmoreland County).

   In general, these Best Practices shall be followed during normal river flow conditions, which are the vast majority of the time. However, all of these Best Practices are subject to weather and river flow conditions, since the safety of our workers, the public and the equipment are of utmost importance and take precedence over the need to temporarily minimize noise. Hanson stresses marine safety above all other aspects. Weather and river conditions are subject to quickly changing conditions, for example, fog which reduces visibility, high water and high river flow conditions which greatly effect barge and towboat movements, and the like.

   Best Practices to Minimize Noise Levels

   1.  New 'hospital grade' mufflers have been installed on the Hoist Boat, the tender boat and the towboat. It is important to maintain these mufflers in good working condition, to minimize noise levels.

   2.  A rebuilt clam-shell dredge bucket has been installed on the Hoist Boat. It is important to maintain this bucket in good working condition, to minimize noise impacts.

   3.  Instruct Hoist Boat operators and crew members to conduct the dredging operations in such a fashion as to limit impact noises. These include:

   Minimizing steel to steel noise impacts, and

   Minimize the drop height of aggregate from the bucket to the barge.

   4.  Maintain mooring devices (that is, bumpers and/or fenders) on the sides of the Hoist Boat, to minimize steel to steel noise impacts.

   5.  While traveling between the shoreline and the Hoist Boat in the tender boat, the tender boat shall that the route that is farthest away from the residents. This is subject to safety concerns.

   6.  While performing maintenance activities, limit loud intermittent and constant noises, as much as practical. This is subject to safety concerns.

   7.  While approaching and departing from the Hoist Boat and while making barge switches, the towboat pilot shall limit full engine noise (that is, throttle), as much as possible, to minimize noise levels. This is subject to safety concerns.

   8.  Barge movements shall be made away from the residents, as much as possible when the situation allows, to minimize noise levels. This is subject to safety concerns.

   9.  Keep engine compartment doors closed on the towboat, to minimize noise levels. This is subject to air cooling concerns associated with the efficient and safe operations of the engines.

   10.  Keep audio conversations (that is, loudspeakers) to the minimum allowable to be heard by the intended worker. This is subject to the applicable rules and regulations and safety concerns of the workers.

   E02-919-A2. Tri-State River Products, Inc., P. O. Box 218, Beaver, PA 15009-0218, in Harrison Township, Allegheny County; and Allegheny Township, Westmoreland County, Pittsburgh ACOE District (Freeport, PA Quadrangle N:  7.0 inches; W:  9.8 inches). To amend Permit E02-919, which authorizes commercial sand and gravel dredging in select areas of the Allegheny River (WWF) and Ohio River (WWF), subject to review of fish surveys, mussel surveys and prescribed setbacks in Allegheny, Armstrong, Beaver and Westmoreland Counties, to include Allegheny River Mile Points 27.8 to 28.5 right and left descending bank in Harrison Township, Allegheny County; and Allegheny Township, Westmoreland County, with the following restrictions:

   1.  On the left descending bank, between mile points 28.0 to 28.5 (near side to River Forest Drive Residents):

   a.  Dredging is prohibited on Saturdays, Sundays and Federal Holidays but emergency maintenance is allowed.

   b.  Dredging is prohibited between Memorial Day and Labor Day.

   c.  During the times that dredging is authorized, actual dredging hours are restricted to 7 a.m. to 7 p.m. on Monday through Friday.

   d.  During the times that dredging is authorized, maintenance and daily start-up and shut-down activities are permitted from 6 a.m. to 8 p.m. on Monday through Friday.

   e.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

   2.  On the right descending bank, between mile points 28.0 and 28.5 and between mile points 26.8 and 27.2 (far side from River Forest Residents):

   a.  Dredging is prohibited on Saturdays, Sundays and Federal Holidays.

   b.  Seasonal restrictions are not applicable.

   c.  During the times that dredging is authorized, actual dredging hours are restricted to 7 a.m. to 9 p.m. on Monday through Friday.

   d.  During the times that dredging is authorized, maintenance and daily start-up and shut-down activities are permitted from 6 a.m. to 10 p.m. on Monday through Friday.

   e.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

   3.  On the right and left descending banks, between mile points 27.8 and 28.0 (Cove Area):

   a.  Seasonal, day and time restrictions are not applicable.

   b.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

January 31, 2008
Hanson Aggregates PMA, Inc.
Hoist Boat Operations
while Dredging Adjacent to the Residents
of the River Forest Community

Best Practices to Minimize Noise Levels

   The following are Best Practices to minimize noise levels from Hoist Boat Operations while dredging adjacent to the residents of the River Forest community (Allegheny Township, Westmoreland County).

   In general, these Best Practices shall be followed during normal river flow conditions, which are the vast majority of the time. However, all of these Best Practices are subject to weather and river flow conditions, since the safety of our workers, the public and the equipment are of utmost importance and take precedence over the need to temporarily minimize noise. Hanson stresses marine safety above all other aspects. Weather and river conditions are subject to quickly changing conditions, for example, fog which reduces visibility, high water and high river flow conditions which greatly effect barge and towboat movements, and the like.

   Best Practices to Minimize Noise Levels

   1.  New 'hospital grade' mufflers have been installed on the Hoist Boat, the tender boat and the towboat. It is important to maintain these mufflers in good working condition, to minimize noise levels.

   2.  A rebuilt clam-shell dredge bucket has been installed on the Hoist Boat. It is important to maintain this bucket in good working condition, to minimize noise impacts.

   3.  Instruct Hoist Boat operators and crew members to conduct the dredging operations in such a fashion as to limit impact noises. These include:

   Minimizing steel to steel noise impacts, and

   Minimize the drop height of aggregate from the bucket to the barge.

   4.  Maintain mooring devices (that is, bumpers and/or fenders) on the sides of the Hoist Boat, to minimize steel to steel noise impacts.

   5.  While traveling between the shoreline and the Hoist Boat in the tender boat, the tender boat shall that the route that is farthest away from the residents. This is subject to safety concerns.

   6.  While performing maintenance activities, limit loud intermittent and constant noises, as much as practical. This is subject to safety concerns.

   7.  While approaching and departing from the Hoist Boat and while making barge switches, the towboat pilot shall limit full engine noise (that is, throttle), as much as possible, to minimize noise levels. This is subject to safety concerns.

   8.  Barge movements shall be made away from the residents, as much as possible when the situation allows, to minimize noise levels. This is subject to safety concerns.

   9.  Keep engine compartment doors closed on the towboat, to minimize noise levels. This is subject to air cooling concerns associated with the efficient and safe operations of the engines.

   10.  Keep audio conversations (that is loudspeakers) to the minimum allowable to be heard by the intended worker. This is subject to the applicable rules and regulations and safety concerns of the workers.

   E02-1326-A2. Glacial Sand and Gravel Co., P. O. Box 1022, Kittanning, PA 16201, in Harrison Township, Allegheny County; and Allegheny Township, Westmoreland County, Pittsburgh ACOE District (Freeport, PA Quadrangle N:  7.0 inches; W:  9.8 inches). To amend Permit E02-1326, which authorizes commercial sand and gravel dredging in select areas of the Allegheny River (WWF) and Ohio River (WWF), subject to review of fish surveys, mussel surveys and prescribed setbacks in Allegheny, Armstrong, Beaver and Westmoreland Counties, to include Allegheny River Mile Points 27.8 to 28.5 right and left descending bank in Harrison Township, Allegheny County; and Allegheny Township, Westmoreland County, with the following restrictions:

   1.  On the left descending bank, between mile points 28.0 to 28.5 (near side to River Forest Drive Residents):

   a.  Dredging is prohibited on Saturdays, Sundays and Federal Holidays but emergency maintenance is allowed.

   b.  Dredging is prohibited between Memorial Day and Labor Day.

   c.  During the times that dredging is authorized, actual dredging hours are restricted to 7 a.m. to 7 p.m. on Monday through Friday.

   d.  During the times that dredging is authorized, maintenance and daily start-up and shut-down activities are permitted from 6 a.m. to 8 p.m. on Monday through Friday.

   e.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

   2.  On the right descending bank, between mile points 28.0 and 28.5 and between mile points 26.8 and 27.2 (far side from River Forest Residents):

   a.  Dredging is prohibited on Saturdays, Sundays and Federal Holidays.

   b.  Seasonal restrictions are not applicable.

   c.  During the times that dredging is authorized, actual dredging hours are restricted to 7 a.m. to 9 p.m. on Monday through Friday.

   d.  During the times that dredging is authorized, maintenance and daily start-up and shut-down activities are permitted from 6 a.m. to 10 p.m. on Monday through Friday.

   e.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

   3.  On the right and left descending banks, between mile points 27.8 and 28.0 (Cove Area):

   a.  Seasonal, day and time restrictions are not applicable.

   b.  Best Management Practices as outlined in the attached January 31, 2008, Hanson Aggregates PMA, Inc. Best Practices to Minimize Noise Levels shall be implemented and maintained.

January 31, 2008
Hanson Aggregates PMA, Inc.
Hoist Boat Operations
while Dredging Adjacent to the Residents
of the River Forest Community

Best Practices to Minimize Noise Levels

   The following are Best Practices to minimize noise levels from Hoist Boat Operations while dredging adjacent to the residents of the River Forest community (Allegheny Township, Westmoreland County).

   In general, these Best Practices shall be followed during normal river flow conditions, which are the vast majority of the time. However, all of these Best Practices are subject to weather and river flow conditions, since the safety of our workers, the public and the equipment are of utmost importance and take precedence over the need to temporarily minimize noise. Hanson stresses marine safety above all other aspects. Weather and river conditions are subject to quickly changing conditions, for example, fog which reduces visibility, high water and high river flow conditions which greatly effect barge and towboat movements, etc.

Best Practices to Minimize Noise Levels

   1.  New 'hospital grade' mufflers have been installed on the Hoist Boat, the tender boat and the towboat. It is important to maintain these mufflers in good working condition, to minimize noise levels.

   2.  A rebuilt clam-shell dredge bucket has been installed on the Hoist Boat. It is important to maintain this bucket in good working condition, to minimize noise impacts.

   3.  Instruct Hoist Boat operators and crew members to conduct the dredging operations in such a fashion as to limit impact noises. These include:

   Minimizing steel to steel noise impacts, and

   Minimize the drop height of aggregate from the bucket to the barge.

   4.  Maintain mooring devices (that is, bumpers and/or fenders) on the sides of the Hoist Boat, to minimize steel to steel noise impacts.

   5.  While traveling between the shoreline and the Hoist Boat in the tender boat, the tender boat shall that the route that is farthest away from the residents. This is subject to safety concerns.

   6.  While performing maintenance activities, limit loud intermittent and constant noises, as much as practical. This is subject to safety concerns.

   7.  While approaching and departing from the Hoist Boat and while making barge switches, the towboat pilot shall limit full engine noise (that is, throttle), as much as possible, to minimize noise levels. This is subject to safety concerns.

   8.  Barge movements shall be made away from the residents, as much as possible when the situation allows, to minimize noise levels. This is subject to safety concerns.

   9.  Keep engine compartment doors closed on the towboat, to minimize noise levels. This is subject to air cooling concerns associated with the efficient and safe operations of the engines.

   10.  Keep audio conversations (that is, loudspeakers) to the minimum allowable to be heard by the intended worker. This is subject to the applicable rules and regulations and safety concerns of the workers.

   E63-601. Borough of Burgettstown, 1509 Main Street, Burgettstown, PA 15021. To construct a bridge in Burgettstown Borough, Washington County, Pittsburgh ACOE District (Burgettstown, PA Quadrangle N:  0.8 inch; W:  2.5 inches, Latitude: 40° 22` 46"; Longitude: 80° 23` 35"). To remove the existing structures and to construct and maintain a bridge having a normal clear span of 40 feet and an underclearance of 9.88 feet across Burgetts Fork of Raccoon Creek (WWF) located on Shady Avenue.

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

   E20-565, Department of Transportation, District 1-0, 255 Elm Street, Oil City, PA 16301. SR 0089, Segment 0060, Offset 1165 over Church Run, in Oil Creek Township, Crawford County, ACOE Pittsburgh District (Titusville North, PA Quadrangle N:  41° 39` 2.69"; W:  79° 39` 20.5").

   To remove the existing 96-inch by 55-foot-long CMP and to construct and maintain a 100-foot-long, 121-inch by 77-inch elliptical reinforced concrete culvert, to relocate 280 feet of Church Run (CWF) and to place and maintain fill in 0.037 acre of PEM/PSS wetlands all as part of a realignment of approximately 0.5 mile of SR 0089 approximately 1.5 miles NE of Titusville.

   0.037 acre of wetland impacts will be deducted from the Department of Transportation District 1-0 wetland banking site at the Polk Wetland Replacement Area.

   E33-229, P C Exploration, Inc., 502 Keystone Drive, Warrendale, PA 15086. Calvin Shaffer Road Across Rose Run in Perry Township, Jefferson County, ACOE Pittsburgh District (Valier, PA Quadrangle N:  40° 57` 17"; W:  79° 02` 42.6").

   To install and maintain a 30-foot-long, 48-inch-arch culvert and a natural gas pipeline across Rose Run and de minimis impact to adjacent wetland on a driveway to serve as access for well plugging and a private access to property extending east from Harper Road approximately 0.4 mile south of SR 536.


SPECIAL NOTICES

Applicability for Beneficial Use of Coal Refuse Ash

   Waroquier Coal Company, GFCC No. 17-07-03, Knox Township, Clearfield County (Lost Run to Clearfield Creek-Upper West Branch Watershed): The Department of Environmental Protection has received an application for a determination of applicability for beneficial use of coal refuse ash from Waroquier Coal Company proposing to beneficially use coal refuse ash in conjunction with baghouse waste lime to neutralize acidic overburden/spoil encountered during reclamation of abandoned mine lands at the Durandetta site located in Knox Township, Clearfield County. A copy of the application is available for review at the Moshannon District Office. Interested persons or municipalities may submit comments within 60-days recommending revisions to, approval of or disapproval of the application. Comments should be addressed to the Moshannon District Mining Office, 186 Enterprise Drive, Philipsburg, PA 16866. Contact John Varner, (814) 342-8200, DMO.

[Pa.B. Doc. No. 08-583. Filed for public inspection March 28, 2008, 9:00 a.m.]



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