843d Availability of final total maximum daily loads (TMDLs)

[Continued from previous Web Page]

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

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

   E23-445. County of Delaware, Government Building, 201 West Front Street, Room 206, Media, PA 19063-2788, Thornbury Township, Delaware County, ACOE Philadelphia District.

   To construct and maintain a single span bridge with a clear span of 70 feet and an underclearance of approximately 9.06 feet to replace the existing bridge structure, which spans the East Branch of the Chester Creek (TSF). The work will involve:

   1.  Incidental grading activities and structural backfill to accommodate roadway embankment and to establish finish conditions.

   2.  Construction of new abutment to accommodate the proposed bridge.

   3.  Minor grading of the stream banks to accommodate the bridge work.

   4.  Construction of a cofferdam structure system consisting of a concrete barrier, sand bags, piping and impervious fabric.

   5.  Placement of 45 cubic yards of R-5 rip rap at the base of the abutments and other critical areas along the structure for scour protection.

   The project site is located along Locksley Road (T 373) approximately 185 feet north of the intersection of Lockleys and Creek Roads (West Chester, PA, Quadrangle N:  10.19 inches; W:  0.63 inch).

   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)).

Permit in question

   E46-966. David Baver, 187 West Eighth Street, P. O. Box 217, Pennsburg, PA 18973, Upper Hanover Township, Montgomery County, ACOE Philadelphia District.

   To construct and maintain a single span bridge with a clear span of 70 feet and an underclearance of approximately 9.06 feet to replace the existing bridge structure, which spans the East Branch of the Chester Creek (TSF). The work will involve:

   1.  Incidental grading activities and structural backfill to accommodate roadway embankment and to establish finish conditions.

   2.  Construction of new abutment to accommodate the proposed bridge.

   3.  Minor grading of the stream banks to accommodate the bridge work.

   4.  Construction of a cofferdam structure system consisting of a concrete barrier, sand bags, piping and impervious fabric.

   5.  Placement of 45 cubic yards of R-5 rip rap at the base of the abutments and other critical areas along the structure for scour protection.

   The project site is located along Locksley Road (T 373) approximately 185 feet north of the intersection of Lockleys and Creek Roads (West Chester, PA, Quadrangle N:  10.19 inches; W:  0.63 inch).

   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)).

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

   E50-228: Department of Transportation, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1699 in Penn Township, Perry County, ACOE Baltimore District.

   To remove the existing structure and then to construct and maintain a two span bridge, with each span of 77 feet with an average underclearance of 10.6 feet across Sherman Creek (WWF) and associated improvements on SR 2002, Section 005, Segment 0120, Offset 0009 to improve the traffic safety condition of the road located about 2.7 miles west of Duncannon Borough (Duncannon, PA Quadrangle N:  1.0 inch; W:  11.5 inches) in Penn Township, Perry County.

   E50-226: Richard M. Nolt, 29 Lyons Road, Millerstown, PA 17065 in Tuscarora Township, Perry County, ACOE Baltimore District.

   To construct and maintain a single span bridge with a clear span of 16.0 feet, a rise of 1.75 feet and an instream length of 11.25 feet within the channel of Raccoon Creek (CWF), a perennial stream, approximately 1,200 feet downstream of the Tuscarora and Saville Township line at a point (Ickesburg, PA Quadrangle N:  19.4 inches; W:  9.1 inches) in Tuscarora Township, Perry County. The project will result in 11.25 linear feet of direct impacts to the channel of Raccoon Creek.

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

   E41-545. Pine Township Supervisors, 925 Oregon Hill Road, Morris, PA 16938. Issuance of Water Obstruction and Encroachment Joint Permit in Pine Township, Lycoming County, ACOE Susquehanna River Basin District (English Center, PA Quadrangle N:  11.0 inches; W:  3.9 inches).

   To remove an existing 24 foot wide steel I-beam bridge, construct and maintain a 28 foot by 10 foot precast concrete arch on a skew of 86° in Lick Run, 0.2 mile south of English Center along T-772 Westphal Road. This permit also authorizes the construction and removal of a temporary crossing consisting of three 48-inch diameter culvert pipes and clean R-3 and R-6 rock. This project proposes to permanently impact 30 linear feet of Lick Run, which is designated a High Quality-Cold Water Fishery stream and does not propose to impact any jurisdictional wetlands. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E55-202. James and Lisa Gesselman, 110 North Old Trail, Selinsgrove, PA 17870. Issuance of Water Obstruction and Encroachment Permit, in Shamokin Dam Borough, Snyder County, ACOE Susquehanna River Basin District (Sunbury, PA Quadrangle N:  18.13 inches; W:  9.01 inches).

   To construct and maintain a wooden footbridge measuring 3 feet wide and 30 feet long over an UNT to to the Susquehanna River along the Old Trail in Shamokin Dam Borough, Snyder County. This project proposes to have a minimal impact on the tributary to UNT to the Susquehanna River, which is listed as a Warm Water Fishery. The project does not propose to impact any jurisdictional wetlands. This permit was issued under Section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E59-462. Department of Transportation, 715 Jordan Ave, Montoursville, PA 17754. SR 0006 Section 86M, in Richmond Township, Tioga County, ACOE Baltimore District (Mansfield, PA Quadrangle N:  9.6 inches; W:  8.4 inches).

   To construct, operate and maintain 600 linear feet of roadway work to include 416 linear feet of shoulder widening, installation of junction boxes, combination storm sewer on the south side of the highway and construction of a 4:1 slope protection between the highway and Corey Creek. This application also authorizes the relocation of 630 linear feet of Corey Creek, installation of three rock cross vanes, installation of R-5 rock stream protection of the southern stream bank along with joint planting of willow live stakes. This permit additionally authorizes impacts to 0.05 acre of wetlands along Corey Creek. This project is located along SR 06 just east of Mansfield.

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

   E03-416. Allegheny Energy Supply Company, LLC, 4350 Northern Pike, Monroeville, PA 15146-2841. To place fill in wetlands and construct two outfalls in Washington Township, Armstrong County, Pittsburgh ACOE District. (Templeton, PA Quadrangle N:  8.7 inches; W:  13.7 inches and Latitude: 40° 55` 22"--79° 28` 27"). To place and maintain fill in 0.15 acre of emergent and scrub-shrub wetlands as part of the proposed new CBB Landfill Development Project. The permit also authorizes impacting 275 feet of intermittent stream channels and 702 feet of ephemeral stream channels on three UNTs to the Allegheny River (WWF) and the construction and maintenance of two outfalls along the Allegheny River (WWF). To compensate for the wetland impacts, the permittee made a monetary contribution in the amount of $1,000 to the wetland replacement fund. The project is located off of SR 4006, southwest of the Armstrong Power Station.

   E63-564. Dunhill Development, LLC, 100 Bayberry Court, McMurray, PA 15317. To place fill in wetlands and to construct a driveway in Peters Township, Washington County, Pittsburgh ACOE District. (Bridgeville, PA Quadrangle N:  0.5 inch; W:  11.4 inches and Latitude: 40° 15` 10"--Longitude: 80° 04` 54"). To place and maintain fill in 0.51 acre of PEM wetlands adjacent to a UNT to Peters Creek and to construct and maintain a driveway consisting of two 21-inch diameter culverts in UNT to Peters Creek and associated wetlands for the purpose of constructing the Reidmont Manor Plan of Lots. The project is located on Breezewood Drive, just northwest from the intersection of Breezewood Drive and Canterwood Drive. To compensate for wetland impacts, the applicant shall construct an onsite 0.51-acre PEM wetland. Three driveway culverts will also be constructed to provide access to Lots 101, 102 and 103, and will impact a total of approximately 159.0 linear feet of stream channel. These three culverts are waived under Section 105.12(a)(2).

ENVIRONMENTAL ASSESSMENTS

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

   D01-069EA. Borough of Chambersburg, P. O. Box 1009, Chambersburg, PA 17201-0909. Franklin Township, Adams County, ACOE Baltimore District.

   Project proposes to breach and remove Birch Run Dam located across Conococheague Creek (CWF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The dam is considered unsafe due to structural and spillway inadequacies and will be removed to protect downstream residents. The dam is located along SR 233 approximately 1.5 miles northeast of the intersection of SR 233 and US 30 (Caledonia Park, PA Quadrangle N:  8.0 inches; W:  11.15 inches).

WATER QUALITY CERTIFICATIONS

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

Final Action on Request for Certification under section 401 of the Federal Water Pollution Control Act
April 20, 2005

   Except as otherwise noted, the Department of Environmental Protection (Department), under section 401(a) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341(a)), certifies that the construction and operation herein 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, provided the following requirements are met:

   1.  Permittee shall conduct the dredging in accordance with the conditions of Department Permits E25-404A and E25-581.

   Final or proposed action on certain other certification requests for projects which require both a Water Obstruction and Encroachment permit and either a United States Army Corps of Engineers individual permit or a Nationwide permit 14, 18 or 26 will be published with Actions of Applications filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27).

   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.

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

   Certification Request Initiated by: Erie-Western Pennsylvania Port Authority

   Date of Initial Pennsylvania Bulletin Notice: March 19, 2005

   Project Description: To dredge in accordance with the conditions of Permit E25-404A the following areas of Presque Isle Bay and Lake Erie: East Avenue Boat Launch (500 cubic yards), Lampe Marina (1,500 cubic yards) and East Canal Basin (1,500 cubic yards). Dredged material would be disposed in the United States Army Corps of Engineers Lake Erie Harbor Confined Disposal Facility located adjacent to the South Pier in the City of Erie.

   Location: City of Erie, Erie County

   Final Action on Request: Approved

STORAGE TANKS

SITE-SPECIFIC INSTALLATION PERMITS

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The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101--6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Land Recycling and Waste Management, Director, P. O. Box 8763, Harrisburg, PA 17105-8763.

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SSIP Permit No.	Applicant Name & Address	County	Municipality	Tank Type	Tank Capacity
05-35-004	Beverly Baio A & B Plumbing Heating & Fuel Oil Route 507 & 4th St. P. O. Box 813 Gouldsboro, PA 18424-0813	Lackawanna	Clifton Township	4 ASTs storing No. 2 Fuel Oil	30,000 gallons each

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SPECIAL NOTICES

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BUREAU OF DEEP MINE SAFETY

Approval of Request for Variance

   The Department of Environmental Protection (Department), Bureau of Deep Mine Safety (Bureau) has approved RoxCoal, Inc.'s request for a variance from the requirements of section 242(c) of the Pennsylvania Bituminous Coal Mine Act (act) at the Roytown Mine. This notification contains a summary of this request and the basis for the Department's approval. A complete copy of the variance request may be obtained from Allison Gaida at [phone] or from the Bureau's website at www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   Summary of the Request: RoxCoal, Inc. requested a variance from section 242(c) of the act to allow for the common ventilation of belt conveyor entry with other entries at the Roytown Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements set forth in the act.

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

   1.  The Pyott-Boone 9500 CO Monitoring System will provide advance warning of a developing mine fire originating in the conveyor belt entry. When maintained and operating correctly, this system provides warnings much earlier than the point type heat sensors.

   2.  Common entries would permit the larger section mantrip and scoops access to belt entry for transportation of personnel and supplies.

   3.  The operator will maintain a separate isolated intake escapeway that is at a higher air pressure than the belt and common entries.

   4.  The plan provides for the common entries to serve as an alternate intake escapeway. There will be a total of three separate, isolated escape routes.

   This approval is limited to a variance from the requirements in section 242(c) of the act requiring that the belt entry is isolated from other entries. All other terms and requirements of section 242(c) of the act shall remain in effect. Continued authorization for operation under the approval is contingent upon compliance with the measures described in the plan and the following conditions:

   1.  All mine employees shall be task trained in the Pyott Boone Model 9500 CO monitoring system alert and alarm response procedures. These procedures shall also be included in the 8-hour annual retraining.

   2.  As part of the requirements of section 228 of the act, all belt entries, common entries, and unfenced roadways shall be preshifted in their entirety.

   3.  A preshift date board should be placed at each CO sensor location.

   4.  Designated areas shall be established (with approval from the District Inspector) at strategic locations along the belt entry and common entries to determine whether the air is traveling in the proper course and normal volume. This air reading shall be taken by a scientific means (anemometer, chemical smoke tube, velometer) and recorded in the preshift examination record book.

   5.  The investigative committee shall conduct an underground ventilation survey when the belt and common entries are established to verify pressure differential between the intake escapeway and the common entries.

   6.  The investigative committee shall evaluate the visual and audible alarms during the installation process.

   7.  A list of designated surface personnel shall be forwarded to the District Inspector upon activation of the CO Monitoring System. Copies of the task training records shall also be forwarded to the District Inspector.

   8.  The investigators shall interview supervisory and non-supervisory personnel upon commencement of mining operations.

   9.  The operator must ascertain whether or not the belt compounds used in the mine produce CO when burnt. Should the operator use a non-CO producing compound in the mine, additional sensors must be used in conjunction with the CO detectors to provide the early warning benefits of the monitoring system.

Environmental Good Samaritan Act

   EGS26004. Trout Unlimited, Chestnut Ridge Chapter (P. O. Box 483, Uniontown, PA 15401). A project to abate mine drainage pollution located in Dunbar Township, Fayette County, affecting 5.3 acres, receiving stream: Morgan Run. Project proposal received: April 4, 2005.

Availability of Final Total Maximum Daily Loads (TMDLs)

   The Department of Environmental Protection is publishing these TMDLs for the following watersheds. EPA Region 3 and their associated contractors completed all of the work on these TMDLs for the Commonwealth. The TMDL sets the pollutant loading amounts for impaired waters that are allocated among the sources in the watershed. These TMDLs have been approved by the EPA and satisfies the Department's obligations under section 303(d) of the Federal Clean Water Act.

TMDL Name	County	Pollutants covered
Brush Run	Washington	Nutrients/Suspended Solids
Christina River Basin Low Flow	Chester	Nutrients
Delaware River Estuary	Bucks, Chester, Montgomery	PCB
Glanraffan Creek	Montgomery	Suspended Solids, Metals
Lake Ontelaunee	Berks	Nutrients/Suspended Sediment
Marsh Run and McCarthy Run TMDL	Indiana	Sediment
Waltz Creek	Northhampton	Metals, Sediment
Wissahickon Creek	Montgomery, Philadelphia	Nutrients/sediment
Lake Nockamixon	Bucks	Nutrients/Suspended Solids
Greenlane Reservoir	Montgomery	Nutrients

   To request a copy of a TMDL, contact the Division of Water Quality Assessment and Standards, Department of Environmental Protection, P. O. Box 8467, Harrisburg, PA 17105-8467, [phone], [e-mail]. A TMDL can also be accessed through the Department's website: www.dep.state.pa.us/watermanagement_apps/tmdl/ (choose a stream under ''Select By TMDL Name:'').

[Pa.B. Doc. No. 05-843. Filed for public inspection April 29, 2005, 9:00 a.m.]