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[34 Pa.B. 1687]

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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

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

   E50-221: Department of Transportation, District 8-0, 2140 Herr Street, Harrisburg, PA 17103 in Tuscarora Township, Perry County, ACOE Baltimore District.

   To remove the existing bridge and then to construct and maintain a single span bridge of 71.5 feet with an underclearance of 22.3 feet across Raccoon Creek (CWF) on SR 4006, Section 003, Segment 0200, Offset 0000 (Sugar Run Road), about 0.5 mile south of Millerstown Borough (Millerstown, PA Quadrangle N:  7.8 inches; W:  4.35 inches) in Tuscarora Township, Perry County.

   E38-142: Farmer's Pride, Inc., P. O. Box 39, 154 West Main Street, Fredricksburg, PA 17026 in Bethel Township, Lebanon County, ACOE Baltimore District.

   To: (1) install and maintain an open bottom culvert; (2) remove a multiple pipe culvert crossing and stabilize the area; (3) construct and maintain a 5,430 ft2 building addition; and (4) construct an at-grade access road, all encroaching into the floodway of Deep Run (WWF), for the purpose of expanding operations at the Bell & Evans, Farmers Pride Chicken Plant, 154 West Main Street, just north of Route 343 (Fredricksburg, PA Quadrangle N:  13.0 inches; W:  8.3 inches) in Bethel Township, Lebanon County.

   E36-768: JoAnn Realty Associates, LTD, 160-A Route 41, P. O. Box 529, Gap, PA 17527 in Salisbury Township, Lancaster County, ACOE Baltimore District.

   To construct and maintain: (1) a single cell concrete box culvert having a 25-foot clear span and 6-foot rise and associated endwalls; (2) a 95 linear foot rock retaining wall; (3) an expansion of an existing pond from 0.39 acre to 0.57 acre; (4) a new pond outfall consisting of an 8-inch SLCPP; and (5) a pond intake structure consisting of a 3-inch schedule 40 PVC pipe all within the channel and 100-year floodway of Houston Run (CWF), approximately 2,100 feet east of the intersection of SR 741 and Brackbill Road (Gap, PA Quadrangle N:  20.6 inches; W:  5.2 inches) in Salisbury Township, Lancaster County. The project will impact 0.04 acre of Palustrine Emergent Wetland. The amount of wetland impact is considered a de minimis impact of 0.04 acre and wetland replacement is not required.

   E21-359: GVH (Carlisle) LP, 323 Union Street, Nashville, TN 37201 in Carlisle Borough, Cumberland County, ACOE Baltimore District.

   To: (1) install and maintain two 15-inch diameter outfall structures with riprap aprons; (2) remove an approximate 1,950 square foot building which currently lies within the floodway; and (3) to complete minor cutting and grading along the stream banks, all impacting an unnamed tributary to Letort Spring Run (HQ-CWF), locally known as Molly Grub Run, for the purpose of constructing an Eckerd Pharmacy on a previously developed site at a point on the northwest corner of Hanover and Willow Streets (Carlisle, PA Quadrangle N:  12.65 inches; W:  9.05 inches) in Carlisle Borough, Cumberland County.

   E21-356: Department of Transportation, District 8-0, 2140 Herr Street, Harrisburg, PA 17103 in Shippensburg Township, Cumberland County, ACOE Baltimore District.

   To extend and maintain the length of an existing 14-foot by 4.63-foot concrete box culvert at the channel of Burd Run (CWF) on SR 0174, Section 0011, Segment 020, Offset 135 to construct a turning lane for the proposed Wal-Mart shopping center, about 0.8 mile west of the I-81 and SR 174 Interchange (Walnut Bottom, PA Quadrangle N:  10.75 inches; W:  16.95 inches) in Shippensburg Township, Cumberland County.

   E21-351: Shippensburg Properties, L. P., One Atlantic Avenue, Pittsburgh, PA 15202 in Shippensburg Township, Cumberland County, ACOE Baltimore District.

   To install and maintain: (1) an open bottom culvert; (2) three utility line crossings; (3) one aerial line crossing; (4) three outfalls; and (5) to remove an existing culvert, all crossing Burd Run (CWF) on a 53-acre parcel of land to the north side of SR 174 (Walnut Bottom, PA Quadrangle N:  11.15 inches; W:  17.2 inches) in Shippensburg Township, Cumberland County.

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

   E12-146. Steve Troncone, 585 East 2nd St., Emporium, PA 15834. Troncone Gravel Removal in Shippen Township, Cameron County, ACOE Baltimore District (Cameron, PA Quadrangle N:  22.25 inches; W:  11.5 inches).

   To remove a vegetated gravel bar 150 linear feet long to an elevation of 6 inches above the water surface. This permit authorizes the removal once and does not authorize operation and maintenance. The gravel bar is in the Driftwood Branch of the Sinnemahoning Creek (TSF). This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E17-392. Department of Conservation and Natural Resources, Bureau of Forestry, P. O. Box 8451, Harrisburg, PA 17105-8451. Forestry District No. 9 Reservoir Road bridge replacement in Karthaus Township, Clearfield County, ACOE Baltimore District (Devils Elbow, PA Quadrangle N: 15.0 inches; W: 3.6 inches).

   To remove an existing single span bridge and construct, operate and maintain public road crossing Upper Three Runs to provide public access within the Moshannon State Forest. The minor road crossing shall be constructed with a corrugated metal culvert pipe that has a minimum rise of 5.6 feet, span of 7.1 feet and length of 30 feet at a skew of 75 degree. The corrugated metal culvert pipe shall be installed at stream low flow with a 1-foot depression, masonry headwalls and masonry wingwalls. In-stream construction of the public road crossing shall be completed dry work conditions by dam and pumping or cofferdams diverting stream flow around work areas. Since Upper Three Runs is a wild trout stream, no construction or future repair shall be conducted in or along the stream channel between October 1 and December 31 without prior written permission from the Fish and Boat Commission. The project is approximately along the eastern right-of-way of SR 1011, approximately 1.6 miles east of Reservoir Road and SR 1011 intersection. This permit also authorizes the construction, operation, maintenance and removal of temporary road crossings, stream diversions and cofferdams. All temporary structures shall be constructed from clean rock or other nonpolluting materials. Upon completion of the project, all temporary structures shall be completely removed with areas restored to original contours and elevations. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E17-395. Jordan Township, 3879 Ansonville Road, Irvona, PA 16656. Bridge deck and scour protection of T-430 Bridge across Green Run in Jordan Township, Clearfield County, ACOE Baltimore District (Irvona, PA Quadrangle N:  19.8 inches; W:  12.8 inches).

   To repair, operate and maintain an existing single span bridge to carry T-430 across Green Run. Bridge repair work shall include replacement of the existing bridge deck and rock scour protection of bridge footings and wingwalls. All bridge repair work shall be completed to maintain a minimum 15-foot span, 20-foot width and 4.5-foot underclearance. All bridge repair work shall be conducted at stream low flow and rock scour protection shall be installed in dry work conditions by dams and pumping or diverting stream flow around work area. Since Green Run is a stock trout fishery, no repair work shall be conducted in or along the stream channel between March 1 and June 15 without prior written approval of the Fish and Boat Commission. The project is along the western right-of-way of SR 0729 approximately 530 feet north of Jordan Township Road T-420 and T-430 intersection. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E57-102. Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797. Culvert Bridge Maintenance in Davidson Township, Sullivan County, ACOE Baltimore District (Sonestown, PA Quadrangle N:  12.4 inches; W:  0.93 inch).

   To maintain:

   (1)  The following wood plank bridges on stone masonry abutment walls:

   (a)  6-foot span with 45 square foot waterway opening over an unnamed tributary to West Branch Fishing Creek (Elk Grove, PA Quadrangle N:  9.25 inches; W:  10.62 inches).

   (b)  7-foot span with 28 square foot waterway opening over Big Run (Elk Grove, PA Quadrangle N:  9.0 inches; W:  11.30 inches).

   (c)  10-foot span with 5 square foot waterway opening over Deep Hollow (Elk Grove, PA Quadrangle N:  11.25 inches; W:  14.83 inches).

   (d)  10-foot span with 65 square foot waterway opening over Laurel Run (Elk Grove, PA Quadrangle N:  15.70 inches; W:  15.70 inches).

   (2)  Streambed with concrete wingwalls including about 75 linear feet of R-5 riprap 24 inches thick along the west bank placed from the wingwall upstream in Hemlock Run (Sonestown, PA Quadrangle N:  12.40 inches; W:  0.93 inch).

   (3)  Double CMPA culverts 67 inches by 95 inches by 25-foot long with concrete wingwalls and headwalls in West Branch Fishing Creek (Sonestown, PA Quadrangle N:  12.65 inches; W:  2.17 inches).

   CMPA culvert 84 inches by 132 inches by 25-foot long depressed 1 foot in the facilities are in the vicinity of West Branch Fishing Creek Road, about 1 mile west of Elk Grove. The facilities will not impact wetlands or waterways. The previous streams are classified as HQ-CWF. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

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

   E02-1425. Department of Transportation, Engineering District 11-0, 45 Thoms Run Road, Bridgeville, PA 15017. Grant Street Bridge in Shaler Township, Allegheny County, Pittsburgh ACOE District (Glenshaw, PA Quadrangle N:  1.7 inches; W:  9.9 inches) (Latitude: 40° 30` 13"--Longitude: 79° 56` 53"). To remove the existing temporary Grant Street Bridge and the existing upstream retaining walls and to construct and maintain a new bridge having a normal span of 52.4 feet with an underclearance of 13.0 feet across the channel of Pine Creek (TSF), to construct and maintain a 40.0-foot long retaining wall along the right bank of said stream and a 450.0-foot long concrete wall along the left bank of said stream. Both walls are on the upstream end of the proposed bridge which is on Grant Avenue (SR 4017, Section A27) at the intersection of Grant Avenue and Butler Street (Glenshaw, PA Quadrangle N:  0.6 inch; W:  10.2 inches) in Etna Borough. Also, to widen, operate and maintain two existing arch culverts, one having a clear span of 66.0 feet with an underclearance of 10.7 feet across Pine Creek on SR 0008, Sta 36+50 (Glenshaw, PA Quadrangle N:  1.7 inches; W:  9.9 inches) and one having a clear span of 56.0 feet with an underclearance of 13.5 feet across Little Pine Creek East on SR 0008, Sta 31+50 (Glenshaw, PA Quadrangle N:  2.0 inches; W:  10.0 inches). This permit also authorizes the construction and maintenance of temporary stream diversions, cofferdams and channel excavation. The project will directly impact a total of 504 linear feet of stream channel. No vegetated wetlands will be impacted.

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

   E42-297, David Mays, 13 Church Street, Westline, PA 16751. David Mays SRSTP Outfall in Lafayette Township, McKean County, ACOE Pittsburgh District (Westline, PA Quadrangle N:  4.8 inches; W:  3.25 inches).

   To install and maintain a 3-inch or 4-inch diameter outfall pipe along the left bank of a tributary to Kinzua Creek from a single residence small flow sewage treatment system at 13 Church Street, Westline.

   E43-298, Christner Realty, 235 Alpha Drive, Pittsburgh, PA 15238. Village Park Phase IV, Lots 108-111 in Pine Township, Mercer County, ACOE Pittsburgh District (Grove City, PA Quadrangle N:  3.2 inches; W:  10.0 inches).

   To fill a 0.27-acre wetland for development of Lots 108-111 between Hunt Drive and Park Drive within the Village Park Phase IV residential development southeast of Grove City. Project includes creation of 0.75 acre of replacement wetland adjacent to an existing 0.66 acre wetland replacement area from previous DEP Permit No. E43-270.

   E61-264, Wyattville Country Store, 2810 US 322, Franklin, PA 16323. Wyattville Country Store greenhouses in Sugarcreek Borough, Venango County, ACOE Pittsburgh District (Utica, PA Quadrangle N:  13.5 inches; W:  3.0 inches).

   To complete construction and operate and maintain greenhouse buildings and associated fill area measuring approximately 250 feet long by 150 feet wide by 1.5 feet deep within the mapped FEMA floodway of Sugar Creek between the existing building along SR 322 just east of SR 427 and the left bank of Sugar Creek. No in-stream work or wetland impacts occur as a result of this project.

[Pa.B. Doc. No. 04-524. Filed for public inspection March 26, 2004, 9:00 a.m.]



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