364d Request for comment and notice of public meeting for proposed total maximum daily loads (TMDLs) for the Black Creek, Little Nescopeck Creek and UNT Little Nescopeck Creek Watersheds in Luzerne County

[Continued from previous Web Page]

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS

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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 Mining Office: 25 Technology Drive, Coal Center, PA 15423, [phone].

   30960701. NPDES Permit No. PA0215201, RAG Emerald Resources, LP, (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to renew the permit for the Emerald Mine No. 1--Coal Refuse Disposal Area No. 2 in Franklin Township, Greene County and related NPDES permit. No additional discharges. Permit issued February 11, 2005.

   Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931-4119, [phone].

   56663069 and NPDES Permit No. PA0120944. Action Mining, Inc., 1117 Shaw Mines Road, Meyersdale, PA 15552-7228, permit revision for a stream variance in Elk Lick and Summit Townships, Somerset County, affecting 3,040 acres. Receiving streams: UNTs to Casselman River, Casselman River, UNT to Elk Lick Creek, Elk Lick Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received July 1, 2004. Permit issued: February 1, 2005.

   56040101 and NPDES Permit No. PA0249556. Future Industries, Inc., P. O. Box 157, Meyersdale, PA 15552-0157, commencement, operation and restoration of a bituminous surface mine in Black Township, Somerset County, affecting 50 acres. Receiving stream: Rhoades Creek classified for the following use: WWF. There are no potable water supply intakes within 10 miles downstream. Application received April 7, 2004. Permit issued February 1, 2005.

   32030102, Alverda Enterprises, Inc., P. O. Box 87, Alverda, PA 15710, surface mining permit incidental boundary correction in West Wheatfield Township, Indiana County, affecting 6.0 acres. Receiving stream: UNT to West Branch of Richards Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 12, 2004. Permit issued February 7, 2005.

   11990102 and NPDES Permit No. PA0235075. AMFIRE Mining Company, LLC, One Energy Place, Suite 2800, Latrobe, PA 15650, surface mining permit renewal in Adams and Conemaugh Townships, and South Fork Borough, Cambria County, affecting 366.0 acres. Receiving streams: Little Conemaugh River; Bear Run; UNTs to South Fork Branch of Little Conemaugh River and South Fork Branch of Little Conemaugh River classified for the following uses: WWF and CWF. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Little Conemaugh River Surface Water Intake. Application received November 4, 2004. Permit issued February 10, 2005.

   32890107 and NPDES Permit No. PA0598615. TLH Coal Company, 4401 Pollock Road, Marion Center, PA 15759, surface mining permit renewal for reclamation only in Rayne Township, Indiana County, affecting 16.0 acres. Receiving streams: Dixon Run and UNT to Rayne Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Indiana County Municipal Authority Crooked Creek surface water withdrawal and PA American Water Company Two Lick Creek surface water withdrawal. Application received December 17, 2004. Permit issued February 10, 2005.

   32823066 and NPDES Permit No. PA0606316. T.L.H. Coal Company, 4401 Pollock Road, Marion Center, PA 15759, surface mining permit renewal for reclamation only in East Mahoning and Rayne Townships, Indiana County, affecting 256.1 acres. Receiving streams: to Rayne Run and to Dixon Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge are Indiana County Municipal Service Authority Crooked Creek surface water withdrawal and PA American Water Company Two Lick Creek surface water withdrawal. Application received January 11, 2005. February 10, 2005.

   Greensburg District Mining Office: R. R. 2, Box 603-C, Greensburg, PA 15601, [phone].

   30960101 and NPDES Permit No. PA0201626. C. J. & L. Coal (R. D. 1, Box 133, Jefferson, PA 15234). Permit revised to approve auger mining and a land use change at a bituminous surface mining site located in Morgan Township, Greene County, affecting 136 acres. Receiving streams: UNT to South Fork of Ten Mile Creek. Application received: November 15, 2004. Revised permit issued: February 10, 2005.

   Knox District Mining Office: P. O. Box 669, Knox, PA 16232-0669, [phone].

   33990112 and NPDES Permit No. PA0241636. P. and N. Coal Co., Inc. (P. O. Box 332, 240 W. Mahoning Street, Punxsutawney, PA 15767). Renewal of an existing bituminous surface strip and auger operation in Gaskill Township, Jefferson County affecting 122.1 acres. Receiving streams: UNT to Ugly Run. This renewal is issued for reclamation only. Application received: October 28, 2004. Permit Issued: February 4, 2005.

   24900103 and NPDES Permit No. PA0207977. Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824). Renewal of an existing bituminous surface strip, auger, and beneficial use of fluidized bed ash use of co-product operation in Fox and Horton Townships, Elk County affecting 367.0 acres. Receiving streams: McCauley Run, Curry Run, Boderocco Run, Brandy Camp Creek and UNTs to Little Toby Creek. This renewal is issued for reclamation only. Application received: December 21, 2004. Permit Issued: February 9, 2005.

   33990108 and NPDES Permit No. PA0241482. T. L. H. Coal Company (4401 Pollock Road, Marion Center, PA 15759). Renewal of an existing bituminous surface strip operation in Young Township, Jefferson County affecting 49.5 acres. Receiving streams: UNT to Sawmill Run. This renewal is issued for reclamation only. Application received: December 20, 2004. Permit Issued: February 9, 2005.

   16-04-06 and NPDES Permit No. PA0242586. Neiswonger Construction, Inc. (17592 Route 322, Strattanville, PA 16258). Proposal to enter into a Government Financed Reclamation Construction Contract on a 23.3 acre site in Clarion Township, Clarion County. The proposal includes total reclamation of 10.1 acres of abandoned mine lands as well as 5.7 acres of coal removal incidental and necessary to the reclamation activities. Receiving streams: UNTs to Brush Creek to Clarion River. Application received: October 6, 2004. Contract Issued: February 11, 2005.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS

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Actions on applications under the Explosives Acts of 1937 and 1957 (43 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.

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   Pottsville District Mining Office: 5 W. Laurel Boulevard, Pottsville, PA 17901, [phone].

   01054103. Brubacher Excavating, Inc., (P. O. Box 528, Bowmansville, PA 17507), construction blasting for Wormold Development in Mt. Joy Township, Adams County with an expiration date of December 31, 2005. Permit issued February 7, 2005.

   21054106. Cumberland Valley Drilling & Blasting, (6820 Wertzville Road, Enola, PA 17025), construction blasting for Cocca Development Dollar Bargain Store in Upper Allen Township, Cumberland County with an expiration date of January 27, 2006. Permit issued February 7, 2005.

   45054104. Austin Powder Company, (25800 Science Park Drive, Cleveland, OH 44122), construction blasting for Nottingham Manor in Pocono Township, Monroe County with an expiration date of February 28, 2006. Permit issued February 7, 2005.

   39054002. Labrador Construction, (P. O. Box 1379, Marshalls Creek, PA 18335) and Austin Powder Company, (559 Nor-Bath Boulevard, Northampton, PA 18067), construction blasting at Millbrook Farms in Lower Macungie Township, Lehigh County with an expiration date of April 1, 2005. Permit issued February 8, 2005.

   45054002. Labrador Construction, (P. O. Box 1379, Marshalls Creek, PA 18335) and Austin Powder Company, (559 Nor-Bath Boulevard, Northampton, PA 18067), construction blasting at Spring Lake Estates in Smithfield Township, Monroe County with an expiration date of January 1, 2006. Permit issued February 8, 2005.

   36054109. Hall Explosives, Inc., (2981 Elizabethtown Road, Hershey, PA 17033), construction blasting for Cloverbrook Development in West Earl Township, Lancaster County with an expiration date of February 28, 2006. Permit issued February 8, 2005.

   22054002. ABEL Construction Company, Inc., (3925 Columbia Avenue, Mountville, PA 17554), construction blasting at Kendale Oaks Phases 2 and 3 in Lower Paxton Township, Dauphin County with an expiration date of March 7, 2006. Permit issued February 9, 2005.

   22054003. ABEL Construction Company, Inc., (3925 Columbia Avenue, Mountville, PA 17554), construction blasting at Deer Run Phase V in Derry Township, Dauphin County with an expiration date of November 7, 2005. Permit issued February 9, 2005.

   36054003. Warren's Excavating & Drilling, Inc., (P. O. Box 189, Bowmansville, PA 17507-0189), construction blasting at Bent Creek in Manheim Township, Lancaster County with an expiration date of March 7, 2006. Permit issued February 9, 2005.

   67054002. ABEL Construction Company, Inc., (3925 Columbia Avenue, Mountville, PA 17554), construction blasting at Hunt Club in York Township, York County with an expiration date of August 31, 2005. Permit issued February 10, 2005.

   38054006. Charles E. Brake Company, Inc., (6450 Lincoln Way West, St. Thomas, PA 17252), construction blasting at Menno Haven in Greene Township, Franklin County with an expiration date of August 31, 2005. Permit issued February 10, 2005.

   38054102. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543), construction blasting for Rocky Ledge Development in South Lebanon Township, Lebanon County with an expiration date of December 30, 2005. Permit issued February 11, 2005.

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, [phone]. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, [phone]. 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 [phone]. 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 [phone] for more information.

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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).

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   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.

   E40-633. Kingston Township, 180 East Center Street, Shavertown, PA 18708. Kingston Township, Luzerne County, Army Corps of Engineers Baltimore District.

   To remove the existing structure and stormwater outfalls and to construct and maintain a road crossing of Toby Creek (CWF), consisting of a 14.0-foot by 12.0-foot by 50.0-foot precast concrete arch bridge. The project includes construction of two stormwater outfall structures (an 18-inch RCP along the left bank of Toby Creek and a 24-inch RCP along the right bank). The project is located along East Center Street (T-846) (Kingston, PA Quadrangle N:  12.6 inches; W:  9.0 inches). (Subbasin:  05B)

   E54-315. Schuylkill County, Schuylkill County Courthouse, 401 North Second Street, Pottsville, PA 17901-2528. North Union Township, Schuylkill County, Army Corps of Engineers Baltimore District.

   To maintain a three span concrete beam bridge across Catawissa Creek (CWF) (County Bridge No. 100) with work consisting of concrete repairs, rock scour protection, removing a 44-foot wide by 184-foot long gravel bar, filling a 40-foot by 20-foot scour hole, and constructing a temporary construction road and causeway. The project is located at the Labenberg Road (T-453). The bridge is approximately 200 feet west of SR 0339 (Nuremburg, PA Quadrangle N:  3.1 inches; W:  12.1 inches). (Subbasin:   05E)

   E39-436. Maplewood, Inc., Warrington Mews Pavillion, Suite 27, Warrington, PA 18976. Lower Milford Township, Lehigh County, Army Corps of Engineers Philadelphia District.

   To authorize the following Water Obstructions and Encroachments associated with Maplewood Estates Residential Subdivision:

   1.  To construct and maintain a road crossing (Shady Drive) across Saucon Creek (CWF) consisting of two adjacent concrete box culverts, the first having cell dimensions of 13 feet by 5 feet by 75 feet depressed 6 inches below streambed and the second having cell dimensions of 13 feet by 4 feet by 75 feet elevated 6 inches above streambed. The crossing also includes 60 feet of channel realignment upstream of the crossing, 80 feet of channel realignment downstream of the crossing, and the placement of fill in 0.20 acre of PSS wetlands.

   2.  To construct and maintain a channel change consisting of regrading and minor realignment of approximately 1,350 feet of a tributary to Saucon Creek (CWF) with a drainage area less than 100 acres for the purpose of increasing channel capacity and widening Chestnut Hill Church Road (T-392). The relocation will also include the removal of two existing culverts, the construction and maintenance of a 145-foot long stream enclosure under Church View Road (SR 2040), the construction and maintenance of a 100-foot long steam enclosure under October Glory Circle, and excavation through 0.03 acre of PFO wetlands in the floodway of Saucon Creek.

   3.  To construct and maintain a driveway crossing of PEM wetlands consisting of the placement of fill and a 12-inch diameter RCP with rip-rap apron in 0.02 acre of wetlands for the purpose of providing access to Lot No. 32.

   4.  To construct and maintain a driveway crossing of a tributary to Saucon Creek (CWF), with a drainage area less than 100 acres, consisting of a 33-foot long, 60-inch diameter RCP with concrete endwalls and rip-rap apron and the placement of fill in 0.01 acre of PSS wetlands for the purpose of providing access to Lot No. 16.

   5.  To construct and maintain a driveway crossing of a tributary to Saucon Creek (CWF), with a drainage area less than 100 acres, consisting of a 27-foot long, 42-inch diameter RCP with concrete endwalls and rip-rap apron for the purpose of providing access to Lot No. 15.

   6.  To construct and maintain a driveway crossing of a tributary to Saucon Creek (CWF), with a drainage area less than 100 acres, consisting of a 23-foot long, 36-inch diameter RCP with rip-rap apron for the purpose of providing access to Lot No. 56.

   7.  To construct and maintain the Detention Basin No. 4 outfall structure consisting of a 30-inch diameter RCP, concrete endwall, rip-rap apron, and a concrete level spreader in the floodway of Saucon Creek (CWF).

   8.  To construct and maintain the Detention Basin No. 5 outfall structure consisting of a 24-inch diameter RCP, concrete endwall, rip-rap apron, and a concrete level spreader in the floodway of Saucon Creek (CWF).

   9.  To construct and maintain a utility line crossing of a tributary to Saucon Creek (CWF) consisting of an 18-inch diameter RCP stormwater pipe.

   The permittee is required to provide 0.26 acre of replacement wetlands.

   The project is located near the intersection of Chestnut Hill Church Road (T-392) and Church View Road (SR 2040) (Milford Square, PA Quadrangle N:  22.0 inches; W:  11.5 inches) in Lower Milford Township, Lehigh County. (Subbasin:  02C)

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

   E21-368: Earl G. Parshall, 6 West Dykeman Road, Shippensburg, PA 17257 in Shippensburg Borough, Cumberland County, ACOE Baltimore District.

   To fill in a 83-foot wide by 60-foot long by 2-foot deep manmade pond that discharges to an UNT to Middle Spring Creek (CWF) (Shippensburg, PA Quadrangle N:  7.9 inches; W:  2.2 inches) for the purpose of matching the existing topography of a yard located in Shippensburg Borough, Cumberland County.

   E22-487: PennDOT Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1699 in Mifflin Township, Dauphin County, ACOE Baltimore District.

   To remove the existing structure and then to construct and maintain a 14.5-foot by 9.5-foot box culvert with 1-foot depression on a 75-degree skew at the channel of an UNT to Wiconisco Creek (WWF) and associated improvements on SR 0225, Section 015, Segment 0430, Offset 1611 to improve the traffic safety condition located about 0.7 mile south of Berrysburg Borough (Elizabethville, PA Quadrangle N:  12.0 inches; W:  10.0 inches) in Mifflin Township, Dauphin County.

   E36-784: Mount Joy Township Authority, 157 Metz Drive, Elizabethtown, PA 17022 in Mount Joy Township, Lancaster County, ACOE Baltimore District.

   To construct and maintain an expansion to an existing sanitary sewer pump station within the floodway of an UNT to Donegal Creek (CWF) located on the Elizabethtown, PA Quadrangle (Latitude:  40° 8` 18"; W:  76° 33` 22") in Mount Joy Township, Lancaster County.

   E50-223: McNaughton Services, 8521 Middle Ridge Road, Newport, PA 17074 in Carroll Township, Perry County, ACOE Baltimore District.

   To place and maintain fill within the floodway of an UNT to Shermans Creek (WWF), for the purpose of expanding parking facilities, located on the southeastern side of Pisgah Road about 200 feet south of the Route 34/Route 850 intersection (Shermansdale, PA Quadrangle N:  12.5 inches; W:  5.7 inches) in Carroll Township, Perry County.

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

   E41-543. Ray Eck, 2862 Gap Road, Allenwood, PA 17810. Water Obstruction and Encroachment Joint Permit for Pond Construction, in Washington Township, Lycoming County, ACOE Susquehanna River Basin District (Williamsport SE, PA Quadrangle N:  21.3 inches; W:  14.7 inches).

   To construct and maintain a 0.5 acre pond and 0.23 acre wetland, a 4-inch intake and 6-inch outfall pipes in and UNT to White Deer Hole Creek in Washington Township, Lycoming County. This project proposes to have a minimal impact on White Deer Hole Creek, which is designated a HQ-CWF. This project proposes to impact 0.11 acre of jurisdictional wetlands.

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

   E04-296 A1. Lehigh Cement Company, 7660 Imperial Way, Allentown, PA 18195. Dock expansion in the City of Aliquippa, Beaver County, Pittsburgh ACOE District (Ambridge, PA Quadrangle N:  16.8 inches; W:  15.8 inches and Latitude:  40° 35` 33"--Longitude:  80° 14` 20"). To amend Permit No. E04-296 which authorized the operation and maintenance of an existing barge unloading facility located along the left bank of the Ohio River near River Mile 16.8. The facility was originally permitted under Permit No. E04-035. This permit amendment is for the construction and maintenance of a 53' by 39' work platform expansion located adjacent to the existing barge unloading facility.

   E04-302. Castlebrook/Phillipsburg Developments, LP, The Bank Tower, Suite 910, 307 Fourth Avenue, Pittsburgh, PA 15222. To construct a culvert in Center and Potter Townships, Beaver County, Pittsburgh ACOE District (Beaver, PA Quadrangle N:  9.9 inches; W:  8.2 inches and Latitude:  40° 40` 54"--Longitude:  80° 18` 43"). To (work authorized as stated on permit) place and maintain fill in 0.08 acre of PEM wetlands associated with an UNT to the Ohio River (WWF) and to construct and maintain a stream enclosure consisting of a 60-inch diameter culvert 240.0 feet in length in said stream for the purpose of constructing the Phillipsburg Center. The project is located approximately 3,500 feet north from the intersection of SR 18 and SR 51. The project will permanently impact 0.08 acre of PEM wetlands and 240.0 linear feet of stream channel. The applicant has met the wetland replacement requirement by contributing to the Wetland Replacement Fund.

   E65-855. Ligonier Township, One Municipal Park Drive, Ligonier, PA 15658. To replace a culvert in Ligonier Township, Westmoreland County, Pittsburgh ACOE District (Wilpen, PA Quadrangle N:  0.4 inch; W:  7.56 inches and Latitude:   40° 15` 08"--Longitude:  79° 10` 45"). To (work authorized as stated on permit) remove the existing structure and to construct and maintain a 24.5-foot long, 1.0-foot depressed, 7.0-foot by 5.5-foot concrete box culvert, with baffles and riprap protection at the inlet and outlet, in an UNT to Mill Creek (CWF) for the purpose of improving transportation safety and roadway standards. The project is located on Griffith Road.

   E65-859. City of Greensburg, 416 South Main Street, Greensburg, PA 15601. Construct a pedestrian bridge in the City of Greensburg, Westmoreland County, Pittsburgh ACOE District. (Greensburg, PA Quadrangle N:  7.67 inches; W:  5.46 inches and Latitude:  40° 17` 32"--Longitude:  79° 32` 21"). To construct and maintain a pedestrian bridge, having a span of 10 feet and an underclearance of 6.0 feet across an UNT to Jack's Run (with concrete sidewalls) classified as a WWF. The proposed bridge will be installed on the channel constructed as part of the Mt. Pleasant Street Flood Control Project.

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

   E20-539, Meadville Medical Center, 1034 Grove Street, Meadville, PA 16335. Mill Run Restoration, in the City of Meadville, Crawford County, ACOE Pittsburgh District (Meadville, PA Quadrangle N:  2.8 inches; W:  14.3 inches).

   The applicant proposes to construct and maintain a stream restoration project and establish a stream side trail, landscaping and butterfly gardens in and adjacent to Mill Run (Meadville, PA Quadrangle N:  2.8 inches; W:  14.3 inches) in the City of Meadville, Crawford, County approximately 800 feet east of the intersection of SR 86 and North Street involving: 1) to remove approximately 200 lineal feet of concrete retaining walls, 2) to construct and maintain floodplain area along approximately 350 feet of the left bank, 3) to install and maintain two J-hook structures, one cross vane structure and one log rollover structure, and 4) to construct and maintain a pedestrian bridge having a clear span of at least 36 feet and an underclearance of 4.5 feet. Mill Run is a perennial stream classified as a WWF. The project proposes to directly impact approximately 410 lineal feet of stream.

ENVIRONMENTAL ASSESSMENTS

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

   D01-043EA. Richard Sharrer, 2224 Oxford Road, New Oxford, PA 17350. Straban Township, Adams County, ACOE Baltimore District.

   Project proposes to breach and remove Sharrer Dam located across Conewago Creek (WWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The dam is located approximately 1,800 feet Northwest of the intersection of Oxford Road (SR 1015) and SR 394. (Hampton, PA Quadrangle N:  5.7 inches; W:  14.0 inches).

   D67-536EA. Logan's Reserve Development LLC, 7061 Columbia Gateway Drive, Columbia MD 21046, Springfield Township, York County, ACOE Baltimore District.

   Project proposes to breach and remove Logan's Reserve Pond No. 3 Dam across a tributary to East Branch Codorus Creek (CWF) for the purpose of restoring the stream to a free flowing condition. The dam is located approximately 1,400 feet west of the intersection of Water Street (T522) and Decker Road (T501) (Glen Rock, PA Quadrangle N:  21.5 inches; W:  13.3 inches).

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SPECIAL NOTICES

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ENVIRONMENTAL ASSESSMENT

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

   Applicant:  Aqua Pennsylvania, Inc., HC 6, Box 6040, Hawley, PA 18428

   Project Location:  Palmyra Township, Pike County

   Description:  The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. Aqua Pennsylvania, Inc. proposes to provide major improvements to the community water system serving the Tanglewood South Development. Proposed improvements include upgrades at Well Nos. 1 and 8, abandonment of Well Nos. 3A and 3B, increasing contact time following chlorination and construction of a 100,000-gallon finished water storage tank. Construction of a booster pump station and distribution system improvements will reduce to three the number of pressure zones. Additional distribution system improvements will include looping of several deadend lines, along with replacement of an existing 4-inch main with a new 8-inch line.

   The Department's review of the project and the information received in the Environmental Report for the project has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby approves the Environmental Assessment.

   Applicant:  Aqua Pennsylvania, Inc.

   Project Location:  Moscow Borough, Lackawanna County

   Description:  The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. Aqua Pennsylvania, Inc. proposes water mains and a booster pump station replacement.

   The Department's review of the project and the information received in the Environmental Report for the project has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby approves the Environmental Assessment.

GOOD SAMARITAN ACT

   EGS65004, Loyalhanna Watershed Association, Inc. (110 Andi Lane, Ligonier, PA 15658). A project to collect background hydrologic data regarding the feasibility of rerouting and then treating abandoned deep mine water that currently flows in or near downtown Latrobe in Unity Township, Westmoreland County, affecting 4 acres. Receiving stream: Loyalhanna Creek. Project proposal received: January 28, 2005.

   Request for Comment and Notice of Public Meeting for Proposed Total Maximum Daily Loads (TMDLs) for the Black Creek, Little Nescopeck Creek and UNT Little Nescopeck Creek Watersheds in Luzerne County

   Pottsville District Mining Office: Mike Hill, Geologic Specialist, 5 West Laurel Boulevard, Pottsville, PA 17901.

   The Department of Environmental Protection (Department) is holding a public meeting on March 9, 2005, at 6 p.m. at the Freeland Borough Building in Freeland, PA to discuss and accept comments on a proposed TMDL established in accordance with the requirements of the 1996 Section 303(d) of the Clean Water Act. Three stream segments in Black Creek, Little Nescopeck Creek and UNT Little Nescopeck Creek watersheds have been identified as impaired on the 1996 Pennsylvania 303(d) list due to metals, other inorganics and pH. The listed segments and miles degraded are shown in the following table:

Stream Code	Stream Name	Miles Degraded
28109	Black Creek	4.3
28140	Little Nescopeck Creek	9.1
28205	UNT Little Nescopeck Creek	0.2

   The proposed plan provides calculations of the stream's total capacity to accept metals, other inorganics and pH and maintain levels below water quality criteria. The applicable water quality criteria are as follows:

Parameter	Criterion Value (mg/l)	Total Recoverable/Dissolved
Aluminum (Al)	0.75	Total Recoverable
Iron (Fe)	1.50	30-day average; Total
Manganese (Mn)	1.00	Total Recoverable
pH *	6.0--9.0	N/A

   The primary pollutant source for these watersheds is abandoned mine workings. The watersheds were heavily mined for coal dating back to the 1880s. The effects of this are still present today. Allocations made in the TMDLs are load allocations that are made to nonpoint sources of pollution and waste load allocations (WLA) that are made to point sources of pollution. There are no WLAs in these watersheds.

   The TMDL was developed using Monte Carlo Simulation to determine long-term average concentrations that each stream segment could accept and still meet water quality criteria 99% of the time. Monte Carlo Simulation allows for the expansion of a dataset based on its statistical makeup. Since there was no critical flow condition where criteria were exceeded, the Department used the average flow to express the loading values in the TMDL.

   The TMDL sets allowable loading rates for metals and acidity at specified points in the watershed. The basis of information used in the establishment of this TMDL is field data collected over the past 2 years.

   The data and all supporting information used to develop the proposed TMDL are available from the Department. To request a copy of the proposed TMDL and an information sheet, contact Mike Hill, 5 West Laurel Boulevard, Pottsville, PA 17901, [phone], [e-mail]. Directions to the meeting place can also be obtained through this contact.

   The TMDL can be viewed and printed by accessing the Department's website at www.dep.state.pa.us (DEP Keyword: TMDL).

   Written comments will be accepted at the previously listed address and must be postmarked by April 21, 2005. Persons who plan to make a presentation at the public meeting should notify the Department by March 2, 2005. The Department will consider all comments in developing the final TMDL, which will be submitted to the EPA for approval.

[Pa.B. Doc. No. 05-364. Filed for public inspection February 25, 2005, 9:00 a.m.]